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

U.S. Supreme Court Decides If A Criminal Defendant May Use Frozen Assets to Pay An Attorney

Under federal law, when a defendant is convicted of a major crime the defendant’s assets can be seized by the government. This action is called forfeiture. The idea is to take the profit out of crime and to compensate victims of crime. The defendant’s assets may also be frozen prior to trial. In the U.S. Supreme Court case Kaley v. United States, the defendants wished to access their frozen assets. Their goal was obtain funds in order to […]

Continue Reading

The Michigan Supreme Court Rules That Cities Cannot Ban Medical Marijuana

The Michigan Supreme Court in Ter Beek v. City of Wyoming ruled that city ordinances banning medical marijuana are invalid. The ruling will effect prohibitive medical marijuana ordinances in Birmingham, Bloomfield Hills, Livonia, and Lyon Township. In 2010, the city of Wyoming, a Grand Rapids suburb, amended its zoning laws to prohibit activities that are illegal under federal law. Federal law prohibits the use and cultivation of marijuana by way of the Controlled Substances Act. The ordinance aimed to […]

Continue Reading

Michigan State Police Statistics for Drugs in Drugged Driving Arrests

What are the drugs most found in drugged drivers? Below is a list by percentage of the top drugs found in people’s systems who were arrested for operating while intoxicated. This is for the year 2012. However, there are a few reasons why these percentages might not accurately reflect the actual drugs found in people’s systems. First, the Michigan State Police will generally not search for drugs if they analyze the blood and obtain a positive reading for […]

Continue Reading