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.

People v McQueen - Dispensaries - Michigan Supreme Court Opinion - Michigan Marihuana Lawyer - Josh Jones

People vMcQueen - Michigan Supreme Court Decides Issue On Dispensaries 

The biggest case in the history of the Michigan Medical Marihuana Act (aka MMMA), People vMcQueen was decided February 8, 2013. The Michigan Supreme Court (aka MSC) explained that patient-to-patient sales violated the MMMA.

The MSC began its opinion by pointing out that the Michigan Court of Appeals, who initially determined patient-to-patient sales were illegal, was wrong when it stated that “sale” was not included in the definition and purpose of “medical use.” However, the MSC went on to explain that even though the term was included within the definition of “medical use” it can be rebutted. This means that if the government provides evidence that rebuts the showing that the “conduct related to marihuana was not for the purpose of alleviating” the patient’s condition then the conduct could violate the MMMA.

The MSC points out that pursuant to Section 4 and the term “medical use” the transferor patient is not involved in alleviating his (or her) condition or symptom while transferring marijuana to another patient. Because the patient is not alleviating himself or herself by transferring marijuana to another patient he or she is not granted immunity.

The MSC went further to state that an individual caregiver will not be granted immunity if he or she transfer marihuana to an individual patient that is not connected to him or her through the registry system.

The MSC further explained that Section 8 does not protection against a civil nuisance claim because that particular section only goes towards criminal prosecution, which was determined based upon the surrounding language used within the section.

This is a stopping point for many medical marijuana businesses. Now what? Contact Josh Jones today to get a more detailed explanation and break down of what People vMcQueen means for the medical marijuana community. 

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. 

Medical Medical Marihuana Act (aka MMMA) - The Right To Grow, Use and Possess - Michigan Medical Marihuana Lawyer - Josh Jones

The MMMA & Right to GROW, USE & POSSESS.

The Michigan Medical Marihuana Act (aka MMMA) became law in 2008, which allowed for a specific group of people to use, possess and cultivate medical marijuana. Moreover, these individual could and can interact within certain circumstances. Until recently, many of the issues inherent with the MMMA has been ironed out, or at least it seems.

Some counties, towns and municipalities within the State of Michigan took a very strong and conservative stance on the MMMA and its purpose and allowances. These areas basically followed Federal law, which bans marijuana (medical or otherwise), rather than Michigan law, which of course legalizes certain acts involving marijuana. It should be noted that these areas would not necessarily criminally punish medical marijuana users, but rather use civil infractions for non-compliance of local ordinances.

The Michigan Court of Appeals explained that cities, counties or otherwise cannot out-rightly band the use of medical marijuana. Read Beek v City of Wyoming here. Moreover, the court explained that individuals certified to use or cultivate marijuana could do just that. Of course, the individual needs to follow the statute unless he or she wants to risk prosecution. However, in the end, the municipality cannot tell you, a medical marijuana user, that you cannot grow or cultivate your medicine.

The court stated, in a nutshell, that a township is not allowed to use a local ordinance that would directly conflict with a Michigan statute. Therefore, qualifying medical marijuana users (caregivers and/or patients) are allowed to use, possess, and cultivate marijuana, so long as the act is in compliance with the MMMA.

Make sure you know the law because you never want to watch your right to use go up in smoke. It is imperative to know what you can and cannot due with a certification to use medical marijuana. Noncompliance can lead to criminal charges, forfeiture of assets, and jail time. Learn how to smoke carefree with your green tree. Call Josh Jones today. 

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 Act - MMMA - Criminal Sanctions - NEW LAWS - Misdemeanors and Felonies

The MMMA and its New Criminal Acts

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 legislation will become effective 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.

It will now be considered a two (2) year felony if an individual is convicted or found guilty of selling medical marijuana to a non-cardholder. The House Bill can be viewed here. Meaning an individual who has certification to use medical marijuana (whether a caregiver or patient) is not allowed to sell to another individual not certified to use medical marijuana as instructed by the MMMA.

New legislation also makes it a criminal misdemeanor for individual patients and/or caregivers to transport medical marijuana that is not in accordance with this new amendment. The House Bill for this amendment can be viewed here. Caregivers and patients must now transport their medical marijuana in a case inside their vehicle’s trunk, or if the vehicle does not have a trunk then the individual must have their marijuana inside a case and placed in an area of the vehicle that is not accessible to that patient or caregiver.

This new carrying law will impact medical marijuana users while they are transporting their marijuana from one place or another. It is imperative to know the law, especially when it comes to the MMMA. You are now restricted in how you can transport medical marijuana, which includes those moments where you are driving from the dispensary to your home. The simplest mistakes can have the biggest impacts.

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 keep you smoking carefree.

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.