Michigan Medical Marihuana Act: The
Opinions Just Keep Coming
The Court of
Appeals has recently determined that a Magistrate is allowed to issue a search
and seizure warrant without the police officer first determining whether the
individual is a Michigan medical marihuana cardholder. Yes, that was a
confusing sentence. Let’s see if that idea can be expressed in simpler terms.
Ultimately, the
court concluded that an officer is allowed to obtain a warrant to search an
individual’s home without first establishing whether that individual is legal
cultivating, using or possessing medical marijuana as allowed under the
Michigan Medical Marihuana Act (MMMA). See People
v Brown.
The court based
its conclusion on the fact that cultivating, using and possessing marijuana is
technically illegal, unless the individual was obeying the requirements set out
in the MMMA. In Brown, the issue was
whether the officer had probable cause for a warrant based upon clippings and
other materials found in the defendant’s garbage. The court indicated that such
evidence constituted a reasonable conclusion that illegal activity was
occurring in the defendant’s home, and thus the warrant issued by the
magistrate was valid and the evidence entered into evidence during trial was
not suppressed.
When reading the
opinion, it will be easily noticeable that facts were limited and not really
discussed, so in order to discuss the actual impact on a medical marijuana
cardholder more facts would be needed. But this can be said, medical marijuana
users will want to be careful and expressly show their medical marijuana card
or approved paperwork. The opinion stated by the Court of Appeals is law, as of
right now that is.
Anytime you are
faced with legal issues that involve the MMMA, you need to contact an attorney
that understands the Act’s limits. Do not hesitate or believe that the Act will
simply protect you in every possibility. There is still a large amount of smoke
that hovers of the rights of medical marijuana patients and caregivers. Make
sure you have Josh Jones protecting those rights.
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.
