Transporting Marihuana Plants - MMMA - Michigan Medical Marihuana Laws - Michigan Marihuana Lawyer - Josh Jones

Those Cultivating or Transporting Marijuana Plants – Certain Things to Know

New legislation that has attempted to clear the smoke that covers the Michigan Medical Marihuana Act (aka MMMA) deals with the definition of an “enclosed locked facility.” The bill can be viewed here.

An “enclosedlocked facility” is now defined as “a closet, room or other comparable, stationary, and fully-enclosed area equipped with secured locks or other functioning security devices that permit access only by a” patient or caregiver. 

It also explains that individuals cultivating outside will satisfy the “enclosed locked facility” requirement if the structure is:

anchored, attached, or affixed to the ground; located on land that is owned, leased or rented by patient or caregiver which is equipped with functioning locks or other security device and is enclosed on all sides, except for the ground, by chain-link fence, wire mesh, wooden slats, or similar material preventing access by the public.

The enclosedlocked facility will also be established for moments where an individual is transporting a plant from one location to another within his or her vehicle. However, it should be noted that the intent must be to transport the plant from one location to another permanent location. This is for a temporary setting and should be used accordingly.

It is always imperative to know the changes in law, especially when those changes could make the difference between a criminal charge and just another day. In order to smoke carefree there are certain things you as a patient or caregiver must know. If you have questions, comments or concerns contact Josh Jones today. He is your Michigan Medical Marihuana Defense Lawyer.

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. 

Michigan Medical Marihuana & Search Warrants - MMMA - Michigan Marihuana Lawyer - Josh Jones

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 marihuana 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 marihuana 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 marihuana cardholder more facts would be needed. But this can be said, medical marihuana users will want to be careful and expressly show their medical marihuana 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 marihuana 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. 

People v Koon - Operating Under The Influence - MMMA - Michigan Marihuana Lawyer Josh Jones - Michigan Criminal Defense

People v Koon - Operating And The MMMA

It may be considered a landmark case for the Michigan Medical Marihuana community. The Michigan Supreme Court, in People v Koon, has held that individuals who qualify for immunity will not automatically be found to be driving “under the influence” simply because they internally possess medical marihuana.

The Court distinguished the Michigan Motor Vehicle Code, MCL 257.625(8), from the Michigan Medical Marihuana Act (aka MMMA), which allows for the use of medical marihuana. Moreover, the Court pointed out that the Act does forbid an individual from operating a motor vehicle under the influence of marihuana. MCL 333.26427(b). However, as the Court pointed out, the Act does not define what it means by “under the influence.”

Therefore, the Court concluded that the Motor Vehicle Code was not applicable in Koon case. The reason for this is because the MMMA specifically states that any and all other statutes within the State of Michigan that are inconsistent with the MMMA will not apply to such individuals, but of course they must first be immune as defined in the Act. It is important to note that the individuals must be engaged in the medical use of marihuana in order to qualify for this interpretation.

In the end, an individual qualifying for immunity under Section 4 will be allowed to internally possess medical marihuana and operate a motor vehicle. Yet that still begs the question of what qualifies as “under the influence” of marihuana as defined in Section 7 of the Act?

What Does This Mean?

To answer this question the case will likely and seems to turn on other factors that occurred during and/or before the traffic stop, i.e. proving that you are visibly impaired or under the influence.

This means that swerving, weaving, rolling stops, speeding, and the like will all come into play when an officer is attempting to establish reasonable suspicion and probable cause that you are under the influence of marihuana or visibly impaired. More over, the factors just listed, do not include the care smelling like burnt marihuana, an individual’s eye’s being red, a roach sitting in the ashtray, or the like, which will also increase the risk and probable cause that you are driving while under the influence.

Remember, know the law, know your rights, and lawyer-up with Josh Jones. He has your back.

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.

Michigan Medical Marihuana & Warrants - Michigan Marihuana Lawyer - Josh Jones

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. 

Michigan Medical Marihuana (aka MMMA) - Caregiver Status Update - Michigan Medical Marihuana Lawyer - Josh Jones

The MMMA & Criminal History

New legislation has created two new (or one new and another modified) criminal charges that can and will extend from specific violations of the Michigan Medical Marihuana Act (aka MMMA). This new law became effective as of April 1, 2013; therefore, it is imperative to know what can and will happen if you perform certain acts outside the scope of the MMMA. Josh Jones can help you maintain your ability to smoke carefree. 

One of the biggest and having the most impact on the MMMA community is the new change in the caregiver definition. See the relevant section here. In essence the change in the caregiver definition made those who currently have felony convictions on their records unable to obtain such a certification or license to be a caregiver.

This limit or restriction only applies to the past ten (10) years. However, the new definition does require an individual to remain free of felony drug convictions and assaultive convictions. Therefore, a caregiver must not only be 21 years or older but maintain a criminal record free of felonies within the last 10 years.

It is not only imperative to take note when these new laws come into effect, but it also highly noteworthy that many individuals will no longer be caregivers. These and other new amendments affect the medical marijuana community. Make sure you know what you can and cannot due with your certification to use marijuana. It could keep you out of jail and allowing you to continue with blowing smoke.

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.