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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Changes in Michigan City Marijuana Laws

In the November election several cities in Michigan voted to amend marijuana possession ordinances. This does not mean that marijuana possession is now legal in these cities. People may still be charged and prosecuted under Michigan state law. Marijuana possession under state law is a misdemeanor that carries a penalty of up to one year imprisonment, a $2,000 fine, or both. It remains to be seen how police officials will react to the new laws in those cities. […]

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The Michigan Secretary of State Eliminates Drivers Responsibility Fees for Some Offenses

Beginning on October 1, 2012, drivers will no longer have to pay driver responsibility fees to the Michigan Secretary of State for certain offenses. Fees for many of the more serious traffic offenses, such as drinking and driving and reckless driving, remain in place. Drivers who are convicted of an offense before October 1, 2012, must still pay the driver responsibility fees on these offenses. Here is a list of the fees to be eliminated: The $150 fee, […]

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Allowing A Person To Operate While Intoxicated

It is a crime to let someone operate your vehicle if that person is intoxicated or impaired. The law states that a person who is in charge or control of a vehicle shall not authorize or knowingly permit another person to use the vehicle. Penalties for Allowing a Person to Operate While Intoxicated/Impaired Allowing a person who is intoxicated or impaired to use your vehicle is a misdemeanor, punishable by up to 93 days in jail, a $100-$500 […]

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The Sixth Circuit Holds That The Michigan Medical Marihuana Act Does Not Regulate Private Businesses

The wrongful discharge case of Casias v. Wal-Mart Stores resulted in a Sixth Circuit Court of Appeals ruling that private businesses are not regulated by the Michigan Medical Marihuana Act. The importance of this holding for qualifying patients is that the MMMA does not create enforceable rights in the employment context, such as protection against employment termination.  Employers are free to terminate a person’s employment for marijuana use, The MMMA does provide relief from actions taken by state licensing […]

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