The Michigan Supreme Court Decides the Fate of Medical Marijuana Dispensaries

The Michigan Supreme Court Ruled that patient-to-patient transfers of medical marijuana sales are not protected under the Michigan Medical Marihuana Act in People v. McQueen. As McQueen made its way from the Court of Appeals to the Supreme Court, the medical marijuana community braced itself for what it thought would be the end of commercial marijuana dispensaries. The Court of Appeals had ruled that the sale of medical marijuana was not permissible under the Michigan Medical Marihuana Act. Prosecutors and police across […]

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What is Reckless Driving?

Reckless driving is a misdemeanor offense in Michigan and comes with serious consequences, both for the driver’s wallet and driver’s license. A conviction is punishable by up to a $500 fine, 93 days in jail, or both. In addition, a total of $1,000 will be assessed in driver’s responsibility fees by the Secretary of State. Six points are added to driver’s record. A first offense results in a mandatory 90 day license suspension. Two convictions within seven years […]

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People v. Argo: Remedy For Denial Of Defendant’s Right to Raise Section 8 Defense

In People v. Agro, defendant Agro, a qualifying patient under the Michigan Medical Marihuana Act was found with 17 marijuana plants in her basement. She was charged and convicted of manufacturing marijuana and sentenced to 90 days probation. Agro brought a pre-trial motion under Sections 4 and 8 under the MMMA to dismiss.  Following an evidentiary hearing, the trial court ruled that Agro could not meet the Section 4 requirements in order to gain immunity from prosecution. Section 4 […]

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Placement of a GPS Device On a Vehicle Is an Unconstitutional Search Under the Fourth Amendment

As police surveillance techniques become more sophisticated due to technological advances courts will be asked how this squares with the Fourth Amendment protection from unreasonable searches. In U.S. v. Jones the U.S. Supreme Court was asked whether the placement of a global positioning device on a person’s car is a search within the meaning of the Fourth Amendment. The Court ruled it was a search. In 2004, the government obtained a search warrant to place a global positioning […]

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Failure To Yield To An Emergency Vehicle

We’ve all seen a police vehicle with its light flashing on the side of the road. How should we proceed past that police car? The law explains what you should do – a violation of this law could be charged as a misdemeanor. And a violation that results in an injury or death will be a more serious charge. Emergency Vehicle on Side of Road When passing a stationary emergency vehicle on the side of the road with […]

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Marijuana Transportation Bill

A new marijuana transportation law will prescribe the manner in which medical marijuana may be transported lawfully. Marijuana to be transported soon must be either; -Enclosed in case that is carried in the trunk of a vehicle, or -Enclosed in a case that is not readily accessible from the interior of the vehicle, if the vehicle in which the person is driving does not have a trunk Failure to transport marijuana lawfully is a misdemeanor, punishable by up to […]

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Michigan Medical Marihuana Act Amended to Define Enclosed, Locked Facility

The Michigan Medical Marihuana Act requires that individuals seeking the broad immunity from prosecution provided by Section 4 of the Act must keep marijuana plants in an enclosed, locked facility, among other requirements. The MMMA did not originally define what was an enclosed, locked facility, leading prosecuting officials and courts to fill in the blanks. House Bill 4851 amends the MMMA to specifically define what constitutes an enclosed locked facility. The new law will require marijuana grown indoors […]

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New Law Requires Parolees to Consent to Searches

The Michigan legislature took steps to further restrict the rights of parolees from prison. As a condition of release, parolees must now provide written consent to all searches of their person or property by peace officers or parole officers upon demand. The only exception is that the consent does not extend to searches that are conducted with the sole intent to harass or intimidate. MCL 791.236(19). More: Information on Criminal Charges in Michigan.     Contact ArborYpsi Law at 734.883.9584 […]

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Internet Privacy Protection Act

The Internet Privacy Protection Act, going into effect today, was enacted by the Michigan legislature following several nationally publicized stories of employers demanding that job applicants hand over facebook or twitter account passwords on the spot in order to get the job. The law prohibits employers from demanding employees or job applicants to provide an internet account password. Colleges may also not ask students or prospective students the same question. Any information on an internet account that is […]

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The Michigan Medical Marihuana Act Does Not Permit Collective Growing Operations

The Michigan Supreme Court in People v. Bylsma ruled that collective marijuana growing operations are not permitted under the Michigan Medical Marihuana Act. Section 4 of the MMMA will not provide immunity for prosecution for caregivers and patients who grow in a collective setting. Defendant Bylsma was the registered primary caregiver of medical marijuana for two qualifying patients. Bylsma owned a warehouse in Grand Rapids where he grew marijuana for his two patients and assisted other caregivers and patients […]

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