Ann Arbor Criminal Defense Blog

Medical Marijuana Dispensaries and Medibles Bills Die in The Michigan Senate

Published on: December 19, 2014 | ArborYpsi Law

A bill that would have allowed for Michigan communities to decide whether they wanted medical marijuana dispensaries was defeated today in the Michigan Senate. The dispensaries allowed under the bill would have been subject to certain restrictions, such as ensuring the quality of the marijuana. Individual communities could have added further regulations at their discretion.

A second bill that did not pass would have allowed medical marijuana patients to consume foods that contain medical marijuana, foods known as medibles. The Michigan Court of Appeals has ruled that while the Michigan Medical Marijuana Act allows smoked marijuana, the Act does not allow for edible marijuana. This bill was supposed to correct that court ruling.

Medibles are an attractive alternative to smoking marijuana for patients who may be intolerant of smoke or who wish to avoid the health complications of smoking.

Ann Arbor, Ypsilanti, and Eastern Michigan University Police Departments to Begin Use of Body Cameras

Published on: December 8, 2014 | ArborYpsi Law

The Ann Arbor, Ypsilanti, and Eastern Michigan University Police Departments have both announced that their officers will begin using body cameras.

The announcement comes soon after the Washtenaw County Sheriff Department stated that its deputies will begin using body cameras.

Body cameras have become a hot topic of conversation following a grand jury decision to not indict a police officer in the shooting of the unarmed Michael Brown in Ferguson, Missouri. The Michael Brown shooting produced conflicting eye witness accounts of what actually happened.

Michigan Supreme Court Settles Birthday Question

Published on: December 2, 2014 | ArborYpsi Law

At what point in time does a person reach a certain age? This seemingly easy question had big implications in the case People v. Woolfolk decided by the Michigan Supreme Court today.

Deandre Woolfolk was convicted and sentenced to mandatory life without the possibility of parole for first degree murder. The murder was committed just an hour or two before his 18th birthday.

Woolfolk appealed the sentence, arguing that the U.S. Supreme Court case of Miller v. Alabama gave him the opportunity to be re-sentenced.

Washtenaw County Sheriff’s Department to Begin Using Body Cameras

Published on: November 25, 2014 | ArborYpsi Law

The Washtenaw County Sheriff’s Department announced last week that its deputies will begin wearing body cameras during patrols. This is in addition to the dashboard cameras already placed in patrol vehicles.

Ann Arbor city officials have discussed the use of body cameras for the Ann Arbor Police Department following the controversial shooting of a woman who allegedly confronted police officers with a knife.

The decision arrived before a grand jury yesterday chose not to indict the police officer who shot and killed Michael Brown, an unarmed man in Ferguson, Missouri. In that case witnesses produced conflicting versions of events, an ultimate “he said-she said” situation.

New Trial for Defendant after Prosecutor goes on Rant against Medical Marijuana

Published on: November 22, 2014 | ArborYpsi Law

In a case from Munising in the Upper Peninsula, Paul Heminger was convicted of growing about two dozen marijuana plants.

On appeal from his conviction, Heminger argued that the prosecuting attorney on the case made improper statements that influenced the jury.

In the closing arguments of the trial, the prosecutor went on a rant against medical marijuana users and the Michigan Medical Marijuana Act, stating that the government objected to the way the law was written.

Three Oakland County Communities Vote for Pro-Marijuana Measures

Published on: November 5, 2014 | ArborYpsi Law

The residents of Huntington Woods and Berkley have voted for pro-marijuana measures in their communities.

Under city law in both places, residents over 21 may now use, possess, or transfer up to one ounce of marijuana on private property.

The Huntington Woods measure passed with about 69% of the vote.

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

Published on: October 24, 2014 | ArborYpsi Law

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 case was it alleged that the employee was using the medical marijuana in any way not allowed by the Michigan Medical Marijuana Act.

Flint Approves Medical Marijuana Dispensaries

Published on: September 29, 2014 | ArborYpsi Law

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 a proposed law has stalled in state government that would enable cities to permit dispensaries in their communities.

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

Published on: July 2, 2014 | ArborYpsi Law

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 nursery that was found to have been releasing noxious fumes into the neighborhood. Ypsilanti Township has an ordinance prohibiting the release of noxious fumes.

The couple challenged the allegation that the nursery was not properly ventilated but Judge Archie Brown found evidence that the nursery’s odor was causing a nuisance.

Not Guilty in Assault and Battery Trial

Published on: May 5, 2014 | ArborYpsi Law

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, and he slapped her back.