Medical Marijuana

Can a Cop Search My Car if it Smells Like Weed?

Yes, the smell of marijuana gives a police officer probable cause to search a vehicle. The Law The Fourth Amendment provides that police officers need a warrant to conduct a search. There is an exception for the searches of cars, however. Under this warrant exception, a police officer can search a vehicle if there is probable cause to believe a crime has been committed or is being committed. In the case of People v. Kazmierczak, the Michigan Supreme Court […]

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Can I Use Medical Marijuana on Probation?

It depends. This is a common question I’m asked when a person is facing probation. Probation is a period of time following a conviction where a judge will set up requirements and prohibitions for the person convicted of a crime. All Judges Are Different What happens on probation is ultimately up to the judge, and all judges are different. Some judges will allow medical marijuana use on probation without question if you have a valid card. Other judges […]

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Federal Policy Toward Marijuana Shifts Backwards

The Justice Department today announced it would reverse the previous Obama Administration’s policy toward state marijuana laws. During President Obama’s tenure, the federal government took a hands-off approach to marijuana. This allowed the marijuana industry to expand. The Obama policy instructed federal prosecutors to de-prioritize marijuana prosecutions in these states, except where prosecutions involved organized crime. Colorado and Washington were the first states to allow legal recreational use. Alaska, Oregon, and Nevada followed suit. California started allowing recreational […]

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The Medical Marihuana Facilities Licensing Act Will Shake Things Up in the Medical Marijuana World

Dispensaries will be the centerpiece of the new Medical Marijuana Facilities Licensing Act. Dispensaries (technically called provisioning centers) will be able to sell medical marijuana to an unlimited number of patients. December 15 is the first date licenses for new medical marijuana industry positions can be obtained. Five New Marijuana Jobs The MMFLA creates five new marijuana industry roles. Marijuana Growers – People licensed to grow marijuana on a much larger scale than currently allowed. Licenses will be […]

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Will Michigan See Legal Weed in 2018?

Legal Marijuana in Michigan? Voters next year may decide whether Michigan legalizes marijuana. A potential ballot initiative in 2018 would do the following, which would make it legal to own and use marijuana in Michigan and not just for medical purposes only. The Highlights Persons 21 and over can use and possess marijuana. In public, a person may possess up to 2.5 ounces of marijuana. No more than 15 grams may be marijuana concentrate. No marijuana use in public. […]

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People v. Tackman, Horner: Medical Marijuana Cards and the Secretary of State

The Michigan Court of Appeals cases of People v. Tackman and People v. Horner discussed whether a caregiver loses the ability to be a caregiver after a felony conviction. The Ruling The Court ruled that the Michigan Secretary of State is not obligated to actively revoke a person’s medical marijuana caregiver card if the person is convicted of a felony. What the Court effectively ruled is that a person immediately loses the ability to act as a caregiver […]

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People v. Manuel: Drying v. Usable Marijuana: Medical Marijuana Case

The case of People v. Manuel is a 2017 Michigan Court of Appeals case with a good discussion of drying marijuana v. usable marijuana. The Case Facts Defendant had a grow operation in his garage, and police found marijuana in tin containers. The police seized the marijuana found and weighed it. The first time the police weighed the marijuana it came out to 1,195 grams. The second time the marijuana was weighed it came out to 1,069 grams. […]

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Courts Can Restrict Use of Medical Marijuana on Probation

The Court of Appeals has ruled that Courts have the power to restrict the use of medical marijuana for persons on probation following a criminal conviction. Courts have been divided on whether a person on probation may use medical marijuana. Some Courts have respected the medical aspect of marijuana while others have continued to believe that marijuana is unacceptable. Until now, there has been no comment from a higher-level court on whether a Court may restrict a person’s ability […]

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Illegal Transportation of Marijuana Law Struck Down

The Michigan Court of Appeals has determined the Illegal Transportation of Marijuana law is invalid. This decision has been long overdue and is welcome in the medical marijuana community. District Courts all around Michigan have already ruled the Illegal Transportation Law to be unconstitutional, although some continued to affirm the law. The Illegal Transportation Law provided that a person who possessed marijuana in a car must keep the marijuana in an enclosed case in the trunk of the […]

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What Is a Schedule 4 Controlled Substance?

This article lists the Schedule 4 substances with a description of the drug. A Schedule 4 Substance is; A substance that has a low potential for abuse relative to substances in schedule 3. A substance that has currently accepted medical use in treatment in the United States. Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in schedule 3. Controlled Substances included in Schedule 4: Any material, compound, mixture, or […]

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