MCL 750.474 - Transport Medical Marihuana Outlined -- by Michigan Marihuana Lawyer, Josh Jones

Transporting Medical Marihuana – New, Pesky Law

In order to transport medical marihuana legally, individual caregivers and patients must take an added and necessary step. This step consists of ensuring that your medical marihuana is inside a case and is located inside your trunk.

MCL § 750.474 specially states that “[a] person shall not transport or possess usable marihuana . . . in or upon a motor vehicle or any self-propelled vehicle designed for land travel unless the usable marihuana is . . .”

1. Enclosed in a case that is carried in the trunk of the vehicle; or
2. Enclosed in a case that is not readily accessible from the interior of the vehicle, if the vehicle in which the person is traveling does not have a trunk. [emphasis added]

Therefore, the statute even goes so far as to direct those individual with motor vehicles that have no trunk to transport their marihuana in an area “that is not readily accessible from the interior of the vehicle.”

Moreover, the statute does not define what constitutes a case or an area that is not readily accessible. This means that an individual’s case will need to be dealt with by a proper attorney who understands the law concerning traffic stops and encounters involving law enforcement. The smallest amount of marihuana transported improperly can and will bring about criminal charges.

Furthermore, this offense, if convicted, is a 93-day misdemeanor, punishable up to 93-days in a jail and/or a fine of $500.00.

This new criminal statute, which applies to medical marihuana users, became effective April 1, 2013. It is a statute that many individuals do not know about until they are charged with it. Whenever you are transporting your marihuana make sure that you are following MCL § 750.474 – because if not, you may be looking at and facing criminal charges.

Know the law, maintain your rights, and lawyer-up with Josh Jones. He is available 7-days a week by phone, text, email or instant message. Whose got your back?

PLEASE DO NOT RELY ON THESE LEGAL OPINIONS AND OBSERVATIONS WHEN REPRESENTING YOURSELF IN COURT. THESE ARTICLES ARE NOT MEANT TO COMPENSATE OR EFFECUATE LEGAL REPRESENTATION. YOU SHOULD AND MUST CONTACT AN ATTORNEY AND DISCUSS WITH HIM OR HER THE CONSEQUENCES OF ANY AND ALL IDEAS, STATEMENTS, OPINIONS, EXPRESSIONS OR OTHERWISE STATED ON THIS SITE. WE HOPE TO SPEAK WITH YOU SOON. 

SIDE-NOTE: Read our article on how to transport marihuana plants from one location to another.