An Oakland County Judge ruled last month that selling marijuana to an undercover police officer posing as a Medical Marijuana Patient is entrapment. The nine page opinion ordered the charges against the six defendants be dismissed finding the case in which she presided is no different than providing a fraudulent prescription to a pharmacist.
Senator Rick Jones has introduced a bill that would amend Section 7 of the Michigan Medical Marijuana Act. Given that the statute was enacted through an initiative, for SB-783 to Amend the MMA, it would require a 3/4 affirmative vote in each the house and the senate. Despite the “super majority” required to pass SB-783, its [...]
Last week, the Court of Appeals issued another opinion involving Michigan’s Medical Marijuana Act. The panel of Judges was familiar, the results driven opinion—and the language within it was also familiar—however largely not found in the MMA itself. The facts of this case are all too familiar with those of us whose criminal practice focusses [...]Continue reading →
I am a criminal defense lawyer that specializes in litigating Michigan’s Medical Marijuana Act. I have had cases in over 25 different counties and have practiced in every level court in this state. For the past five years, Michigan’s Medical Marijuana Act has been under intense scrutiny with new cases coming out of the Court [...]Continue reading →
Virtually every criminal case that is sensationalized includes a comment by a law enforcement official indicating that the person they arrested clearly violated the law. If the media reports a case while a trial is ongoing they interject their own opinions about the defendants guilt. I have tried cases in front of juries and represented [...]Continue reading →
House Bill 4271 was passed overwhelmingly in the Michigan House and is now onto the Senate for modification and passage (hopefully). The overwhelming questions is whether this bill makes dispensaries, or “Provisioning Centers” legal in Michigan. Right now, the answer is No. If, however the bill is passed by the Senate, the answer [...]Continue reading →
In People v Hartwick, the Michigan Court of Appeals announced a new standard and interpretation for proving MMMA defenses. For more details on how this case changes the legal landscape, continue reading.Continue reading →
The Michigan Senate passed a bill Tuesday that would allow medical marijuana to be distributed and purchased at authorized pharmacies. This concept would reclassify marijuana’s status from a Schedule I drug to a Schedule II drug, which would require federal approval.
According to Senator Roger Kahn, who introduced the new legislation, this proposed system would [...]Continue reading →
On November 5, 2013 Lansing voters overwhelmingly approved a city ordinance that addresses possession and use of marijuana on private property. The Ordinance, which was done through the initiative process like the Michigan Medical Marihuana Act, has been touted as an ordinance that legalizes small amounts of marijuana within the city of Lansing. However, the [...]Continue reading →
Michigan Governor Rick Snyder signed a law Tuesday that will likely impact Michigan’s Medical Marijuana Act (“MMMA”). Specifically, the law will deny unemployment benefits to individuals who fail, or refuse to submit to, company drug tests.
Specifically, the law makes it so that applicants who are not hired (or are fired) because of a failed [...]Continue reading →
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