Five Michigan Towns Reject Marijuana Decriminalization

The towns of Clare, Frankfort, Harrison, Lapeer, and Onaway all voted to reject pro-marijuana measures on the ballot yesterday. The measure in Lapeer failed by only six votes. These towns bucked the trend in this election, which saw the residents of Saginaw, Port Huron, Mt. Pleasant, Huntington Woods, and Berkley vote to decriminalize marijuana, with the town of Pleasant Ridge voting to make the enforcement of marijuana-related offenses the lowest police priority. In August, the cities of Oak […]

Continue Reading

Unemployment Benefits Cannot Be Denied To Employees Fired For Using Medical Marijuana

The Court of Appeals ruled yesterday that employees fired for using medical marijuana cannot be denied unemployment compensation benefits. This Court of Appeal’s case is actually a combination of three lower court cases, including Kemp v. Hayes Green Beach Hospital, which appeared in an earlier Blog article on this website. In each of the three cases, an employee was fired after testing positive in a drug test for marijuana. Each employee had a medical marijuana card. In no […]

Continue Reading

Flint Approves Medical Marijuana Dispensaries

The Flint city council has voted to allow medical marijuana dispensaries. For the past several years, the city has had a moratorium on the opening of new dispensaries, which the law refers to as provisioning centers. Dispensaries in Flint will be subject to zoning laws and high licensing fees. The Flint City Clerk has said that the dispensaries opened before the moratorium went into effect would be allowed to remain in their current locations. For the past year […]

Continue Reading

Hazel Park and Oak Park Votes to Decriminalize Marijuana

The residents of Hazel Park and Oak Park voted yesterday to approve pro-marijuana measures. Under city law in both places, a person 21 years of age and up may use, possess, transfer, and transport up to one ounce of marijuana on private property. Please remember that this does not mean marijuana is legal in these cities. A person with marijuana can still be charged under state or federal – just not city law. Nevertheless, these pro-marijuana measures are symbolic […]

Continue Reading

Ypsilanti Township’s Zoning Ordinance of Medical Marijuana Caregivers Upheld by the Washtenaw County Circuit Court

In a case with potential impact in many communities around Michigan a Washtenaw County Circuit Court judge has ruled that a township may enact zoning ordinances that regulate medical marijuana caregiver operations. The case will be looked at by other cities and townships that may want to regulate the specific areas of their communities in which marijauana is legally grown. In this case arising in Ypsilanti Township, the Township sued to stop a couple from maintaining a marijuana […]

Continue Reading

New Laws Aim to Reduce Meth Production

Three new Michigan laws attempt to reduce the production of methamphetamine by taking aim at “smurfs.” A smurf is a person who purchases cold medicines that contain ephedrine or pseudoephedrine for another who will use the chemicals to make methamphetamine. Several years ago laws were passed that capped the amount of cold medicines containing these chemicals that could be sold to an individual. An individual cannot purchase more than 3.6 grams in one single day or more than […]

Continue Reading

Police May Not Search Data on Cell Phones Without a Warrant, U.S. Supreme Court Rules

Today’s cell phones have the capability to store data on a person’s whole life, from photos and personal notes to past whereabouts and banking records. When the police arrest someone, do they have the right to search through the contents of that person’s phone without a warrant? The U.S. Supreme Court held today in Riley v. California that police must obtain a search warrant before searching the data on a cellphone, unless an emergency reason exists. This case was […]

Continue Reading

Not Guilty in Assault and Battery Trial

We recently obtained a not guilty in a jury trial verdict on an assault and battery charged for a deserving client. Our client was charged with assault and battery and attempted interference with electronic communication. What Happened Our client was in a heated argument with his sister. His sister had called him some choice words that cannot be repeated on paper. The client was understandably upset, and poured his soda pop on her. In return, she pushed him, […]

Continue Reading

Medical Marijuana Approved for Post-Traumatic Stress Disorder

Post-Traumatic Stress Disorder has been added to the list of medical conditions for which medical marijuana can be used under the Michigan Medical Marijuana Act. This is the first condition to be added to the law since it was approved in 2008. PTSD is an anxiety disorder that results from a traumatic event, such as a wartime experience. To use medical marijuana a person must be certified from a physician as suffering from what the law labels a […]

Continue Reading

Fernandez v. California: Consent and Home Searches

When the police ask if they can search your apartment or home you do not have to consent. You can say no, you do not have my consent to search my home. Without your consent or some compelling reason to perform a warrantless search the police will have to persuade a judge to give them a warrant. Let’s say your roommate is at the door telling the police that he consents to a search. You can still object […]

Continue Reading