Michigan Marihuana Lawyer

Wednesday, June 12, 2013

Controlled Substance Conviction Consequences - Part 1 - Michigan Criminal & Marihuana Lawyer - Josh Jones - ALL Felonies & Misdemeanors

Part I – Collateral Consequences For Controlled Substance Convictions: Employment & Student Loans

When it comes to controlled substance (or drug) charges here in the State of Michigan, the legislature has drafted a strict set of consequences to inflict onto those convicted of these various types of crimes. Not only are there fines, possible jail time, possible drivers’ license sanctions, and other requirements when convicted of a drug crime, but there are also possible consequences that involve an individual’s career, financial aid or other areas of an individual's life (which will be discussed in Part II - Collateral Consequences For Controlled Substance Convictions: Housing & Public Benefits).

The following areas involve possible consequences, and each provides a brief outline of those consequences.

1. Employment

Health professionals: Relevant Authority: MCL §333.16221(b); Mich. Admin. Code R. 338.3145. A summary suspension of the license will occur if an individual is convicted of a misdemeanor controlled substance crimes involving delivery, possession or use. Individuals previously convicted of a controlled substance crime and currently under a sentence for that conviction cannot work as pharmacists or in related jobs. Moreover, an individual’s controlled substance license would be invalid if suspended, revoked or denied because of a drug crime conviction.

Long-Term Care (adult foster care facilities, nursing homes, hospices, etc.): Relevant Authority: 42 USC 1320a-7; MCL § 330.1134a, MCL § 333.20173a, MCL § 333.20173b. If an individual is convicted of a felony relating to manufacturing, distributing, prescribing, or dispensing of a controlled substance after August 21, 1996, then a lifetime ban in the field will attach to that individual. An individual is banned for five years after the conviction for certain misdemeanor controlled substance offenses, which are listed in the statute, and involve the creation, delivery, possession, or use of a controlled substance. An individual under the age of 18 generally receives a one-year suspension from the date of conviction for most misdemeanor controlled substance offenses.

Private Security, Security Guard, Security Alarm Contractor: Relevant Authority: MCL § 338.1056(1)(e), MCL § 338.1060(1)(c), MCL § 338.1067. An individual is not allowed to have a conviction involving a controlled substance within the last five years, which includes felonies and/or misdemeanors. Therefore, a 5-year gap rule applies.

2. Federal student loans: Relevant Authority: 20 USC 1091(r)(1) IRC 25A(b)(2)(D). The Federal law suspends an individual’s eligibility for any grants, loans, or work assistance when he or she is convicted (either by state or federal) of a controlled substance that involves the possession or sale of a controlled substance and while receiving student aid. Furthermore, Federal law denies the hope tax credit to a student and his or her family if he or she has a prior felony drug conviction. In possession cases, the period of suspension begins on the date of conviction and will last one-year. There is an enhanced suspension of two years for a second possession offense and complete revocation for a third offense. A delivery drug conviction brings about a two-year suspension for the first conviction and complete revocation for a second conviction. However, there are waiver or rehabilitation provisions that are available to some individuals.

Please stay tuned and look for PartII - Collateral Consequences For Controlled Substance Convictions: Housing & Public Benefits.

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.

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.

Thursday, June 6, 2013

People v King - Michigan Medical Marihuana Act - MMMA - Michigan Marihuana Lawyer - Josh Jones

What Is A Patient Under The MMMA

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). See People v King. It explained that “patients” must obtain a doctor’s statement indicating a medical need for marijuana prior to the commission of any potential criminal act. A written statement or “prescription” may be more appropriate due to the required evidentiary hearing that is attached to criminal charges. It seem the outcome of the evidentiary hearing will be determined on the reasonableness of the activity compared to the requirements indicated in Section 8 of the MMMA. See MCLA § 333.16428.

Once the patient has obtained a statement or “prescription” from a doctor he or she may use a “reasonably necessary quantity of marijuana.” The Court did not elaborate on “reasonably necessary.” But in essence, a “patient” should be allowed to hold at least 2.5 ounces of marijuana (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. See Michigan Supreme Court Clarifies the Michigan Medical Marihuana Act. Section 4. 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” antibiotics. See Mich. Supreme Court Expands Mich. Medical Marihuana Act.

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.