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.

45th District Court - OAK PARK, Michigan - Michigan Marihuana Lawyer (covering all Felonies & Misdemeanors) -- Oakland County District Court

45^th District Court – Oak Park, Michigan – Oakland County District Court

The 45^th District Court is located at 3600 Oak Park Boulevard, Oak Park, Michigan 48237. The court’s jurisdiction covers Charter Township of Royal Oak, Huntington Woods, Oak Park, and Pleasant Ridge. The Court maintains two Judges:

HONORABLE MICHELLE FRIEDMAN APPEL

HONORABLE DAVID M. GUBOW

The court has exclusive jurisdiction in all civil litigation up to $25,000, small claims, garnishment proceedings, evictions, and land contract and mortgage foreclosures.

In the criminal area, the court handles all arraignments, misdemeanor cases, the setting and acceptance of bail, bench and jury trials, misdemeanor sentencings, and preliminary examinations in felony case. It also handles all traffic cases including parking, informal and formal hearings, and trials.

Traffic citations (or tickets) can be paid here. The Court’s hours of operation are 8:00 A.M. to 5:00 P.M., Monday through Friday, except for holidays. It is imperative to know which court you must attend and when—failure to appear at a required and requested hearing may bring about a bench warrant for your arrest. Information on the Court’s probation department can be found here. Other basic facts, questions, and answers about the Court can be found here.

It is imperative to obtain counsel that is sound and puts your needs first. Josh Jones has your back. Know the law, maintain your rights, and lawyer-up with Josh Jones. He specializes in criminal defense (including all felonies and misdemeanors) and marihuana defense.

Contact him 7-days a week by phone, email, text or instant message.

Drug Charges - 7411 Diversion -- Michigan Marihuana Lawyer, Josh Jones - Aug. 13, 2013 -- Use & Possession of Marihuana

Michigan Law allows for second chances, which means that certain crimes and convictions can be kept off an individual’s public record upon pleading to certain criminal charges. This only occurs if you satisfy the terms and conditions of court ordered probation that will inevitably ensue upon pleading guilty to the crime and the court accepting to place you on 7411.

GENERAL DELAYS OR DEFERRALS

These second chances can be found in Domestic Violence (MCL 769.4A) cases and within the Holmes Youthful Training Act (aka HYTA), which has age restrictions specifically between the ages of 17 and 21 (MCL 762.11). Minor in Possession of Alcohol (MCL 436.1703(3)) allows for a deferred sentence.

Delayed Sentencing, (MCL 771.1), which is not technically a “Deferral,” authorizes a court, without entering a judgment of guilt, to delay sentencing for no more than one year in all prosecutions for felonies, misdemeanors, or ordinance violations other than murder, treason, criminal sexual conduct in the first or third degree, armed robbery, or major controlled substance offenses.

CONTROLLED SUBSTANCE CASES: MCL 333.7411 is commonly referred to as “7411.″

7411 allows an individual who has been charged with a non-major drug crime to simply walk away without a drug conviction, but only after successful completion of the court’s sentence. This includes all terms and conditions of probation. However, 7411 protects the individual’s license from Secretary of State sanctions.

It is important to note that if an individual is found or pleads guilty to a drug’s charge he or she will have licensing sanctions that will bring about license and driving restrictions. Moreover, an individual who loses his or her 7411 status while on probation will also face sanctions and restrictions.

Non-major drug crimes are generally possession or use of drugs (including, but not limited to, marihuana, cocaine, heroin, or ecstasy. Major offenses that are not eligible for 7411 are offenses that involve delivery or manufacture of drugs (including marihuana), possession with intent to deliver, and maintaining a drug house.

7411 may only be used once in a lifetime, and thus a prior drug conviction precludes eligibility under section 7411. There is no age requirement for 7411 as compared to HYTA (which may allow for similar criminal offenses). The consent of the prosecutor is not required.

It is imperative to know what will and will not happen to you and your life when involved with criminal charges, especially drugs charges. Therefore, know the law, maintain your rights, and lawyer-up with Josh Jones. He has your back and is available 7-days a week by phone, text, email or instant message.

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. HOPE TO SPEAK WITH YOU SOON.

50th District Court - Pontiac, Michigan - Oakland County - Michigan Marihuana Lawyer, Josh Jones

50th District Court – Pontiac, Michigan, Oakland County

The 50^th District Court is located downtown Pontiac at 70 N. Saginaw, Pontiac, MI 48342 (Map), and it houses four judges:

• Hon. Cynthia Thomas Walker, Chief Judge
• Hon. Preston G. Thomas, Chief Judge Pro-Tempore
• Hon. Ronda M. Fowlkes Gross, District Judge
• Hon. Michael C. Martinez, District Judge

The District Court oversees and has jurisdiction over all city-ordinance violations and criminal misdemeanors committed within the City of Pontiac. The court will also handle and hold both felony District Court arraignments and preliminary exams, prior to dismissal or bind-over to Circuit Court. Moreover, the court handles misdemeanor arraignments and cases, the setting and acceptance of bail, and bench and jury trials. It also handles all traffic cases including parking, informal and formal hearings, and trials.

A schedule of traffic fines, costs and points can be found here. The Court House business hours are from 8:00 A.M. to 4:30 P.M., Monday through Friday. Of course, it is closed on holidays and weekends. There is a 24 accessible drop-box for payments on the front of the Court House. The Court also accepts credit cards for payments and fines.

It is imperative to contact the court prior to making payment to ascertain the exact amount owed.

To check the status of your case click here. Also take note that the following is prohibited inside the Court House: wearing SHORTS, SKORTS, SLEEVELESS SHIRTS, TANK TOPS, CUT-OFFS, HATS/CAPS, not wearing shoes.

When you are being criminally charged, need to take care of that traffic ticket, or need someone to fight for you…whose got your back? Josh Jones is the answer. He provides you with the best legal representation, so you are never lost, confused or worried. Contact use by phone, text, email or instant message.

51st District Court - Waterford, Michigan -- Oakland County - Michigan Marihuana Lawyer, Josh Jones

51^st District Court – Waterford, Michigan – Oakland County

The 51^st district court is located at 5100 Civic Center Drive, Waterford, MI 48329. The court is separated into four divisions, which include:

Criminal Division

Civil Division

Traffic Division

Probation Division

The court has exclusive jurisdiction over all misdemeanor criminal charges that occur within the Township of Waterford. Therefore, it will handle all misdemeanor and felony arraignments, setting and accepting bail for, bench and jury trials, misdemeanor sentencing, and preliminary examinations in felony case. It also handles all traffic cases including parking infractions, informal and formal hearings, and trials.

A schedule of traffic fines, costs and points can be found here. If you are simply looking to pay a traffic ticket or fine or have general inquires you may visit the Traffic Division during office hours, 8:00 A.M. to 4:30 P.M., Monday through Friday, excluding holidays. The court holds arraignments Monday through Friday 9:00 A.M. to 11:30 A.M. and 1:30 A.M. to 4:00 A.M.

It is imperative to have the right counsel by your side no matter the court you enter. Josh Jones has your back, so lawyer-up. He can provide you with following legal services:

 Criminal Defense (All Felonies or Misdemeanors),

Probation Violations,

Traffic Offenses,

Marihuana Defense (medical or non-medical), and

Drivers License Restoration.

51st District Court - Waterford, Michigan -- Oakland County - Michigan Marihuana Lawyer, Josh Jones

51^st District Court – Waterford, Michigan – Oakland County

The 51^st district court is located at 5100 Civic Center Drive, Waterford, MI 48329. The court is separated into four divisions, which include:

Criminal Division

Civil Division

Traffic Division

Probation Division

The court has exclusive jurisdiction over all misdemeanor criminal charges that occur within the Township of Waterford. Therefore, it will handle all misdemeanor and felony arraignments, setting and accepting bail for, bench and jury trials, misdemeanor sentencing, and preliminary examinations in felony case. It also handles all traffic cases including parking infractions, informal and formal hearings, and trials.

A schedule of traffic fines, costs and points can be found here. If you are simply looking to pay a traffic ticket or fine or have general inquires you may visit the Traffic Division during office hours, 8:00 A.M. to 4:30 P.M., Monday through Friday, excluding holidays. The court holds arraignments Monday through Friday 9:00 A.M. to 11:30 A.M. and 1:30 A.M. to 4:00 A.M.

It is imperative to have the right counsel by your side no matter the court you enter. Josh Jones has your back, so lawyer-up. He can provide you with following legal services:

 Criminal Defense (All Felonies or Misdemeanors),

Probation Violations,

Traffic Offenses,

Marihuana Defense (medical or non-medical), and

Drivers License Restoration.

Judges & Medical Marihuana Immunity [People v Jones] - MMMA Case - Michigan Marihuana Lawyer, Josh Jones

Judges Deciding Immunity - People v Jones

On July 9, 2011, the Michigan Court of Appeals brought about further interpretation on the Michigan Medical Marihuana Act (aka MMMA). More specifically, People v Jones explained that the decision of Section 4 Immunity is left up to the judge, but in what cases or circumstances?

Generally, an issue of fact (or a factual issue) is to be decided by a Jury (or the trier of fact), yet an issue of law (or a legal issue) is to be decided by the judge. This is long standing procedure. However, here in the State of Michigan and in certain situations and instances a judge still determines factual issues within a case. These situations include entrapment, voluntariness of statements, suppression of physical evidence, or consenting to search, to name a few.

The issues at hand in the Jones case dealt with whether or not the Defendant was a resident of the State at the time of her application and whether she was possessing marihuana for the medical use as a caregiver and patient.

The court paralleled Section 4 to the Entrapment Defense, and ultimately determined that Section 4 “fact-finding is a question for the trial court to decide. Accordingly, the trial court’s decision finding that [Section] 4 immunity fact-finding is a question for the jury is reversed.” Jones. 

Beek v Wyoming - Rights of Michigan Medical Marihuana Act [MMMA] - Michigan Marihuana Lawyer, Josh Jones

The Michigan Court of Appeals held that a city could not completely ban the use and cultivation of Medical Marijuana. See Beek v City of Wyoming. The individual challenging a city ordinance argued that the ordinance was in conflict with State law, which makes the ordinance unconstitutional. The City, on the other hand, argued that it was following Federal law, or more precisely the federal Controlled Substance Act (CSA), and thus the Federal law preempted State law, which would allow its ordinance to be enforceable.

The court had to determine this issue through statutory interpretation, which meant looking to the intent of the laws called into question, including the Michigan Medical Marihuana Act (MMMA), the City of Wyoming ordinance, and the CSA. The court explained that the ordinance provided for civil sanctions, yet the MMMA immunity forbids any penalty when acting within the scope and confines of the Act’s provisions.

Moreover, the federal law does not preempt (or overrule) the MMMA because States are allowed maintain specific police powers while the Federal Government enforces its own enactments. The Feds cannot require or mandate States to enforce federal statutes or enactments. Further, even though the Feds are allowed to pass laws criminalizing medical marihuana, it cannot require a State to do the same.

Therefore, the MMMA can be used by anyone within the state, in any county, so long as the individual qualifies for the act and follow it requirements. A city does not have the right to enforce an outright ban on Medical Marihuana.

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.

Michigan Medical Marihuana Act - Section 8 (Affirmative Defense) Outlined [MMMA] - Michigan Marihuana Lawyer, Josh Jones

The Section 8 [Affirmative Defense] Briefly Outlined

The Michigan Supreme Court in People v King determined what an individual must do in order to be considered a “patient” within the language of the Michigan Medical Marihuana Act (MMMA). It explained that “patients” must obtain a doctor’s statement indicating a medical need for marihuana prior to the commission of any potential criminal act. A written statement or “certification” may be more appropriate due to the required evidentiary hearing that is attached to criminal charges. It seems the outcome of the evidentiary hearing will be based upon the reasonableness of the activity and as compared to the other requirements indicated in Section 8 of the MMMA. See MCLA § 333.16428.

Once the patient has obtained a statement or “certification” from a doctor he or she may use a “reasonably necessary quantity of marihuana ” The Court did not elaborate on “reasonably necessary.” But in essence, a “patient” should be allowed to hold at least 2.5 ounces of marihuana (the amount indicated in Section 4). See MCLA § 333.26424.

It seems that the Court interpreted the Act clearly in a fashion that it was intended, which consisted of a variation in the term “patient.” You have those patients that will want to be somewhat immune from criminal exposure, if that person adheres to the strict requirements of Section 4 of the MMMA. You will also have those patients that do not want to register or become “qualified patients.” In the end, the MMMA allows for multiple defenses involving a “patient’s” marihuana and medical uses of such marihuana. 

Consult your attorney to discuss the potential exposure to criminal prosecution and the stages of prosecution in order to make an informed decision about any and all questions regarding the MMMA.