Medical marijuana user can be prosecuted for smoking in parked car
A registered medical marijuana user who smoked marijuana in his own car while the car was parked in a public parking lot was not entitled to the protections or defenses afforded by the Medical Marihuana Act, the Michigan Court of Appeals has ruled. The Court of Appeals published decision in People v. Carlton reversed the rulings of both the circuit and district courts, which had dismissed the marijuana possession charges that were brought against the defendant. The defendant
Statute Definitions Could Help Jackson Baseball Coach
This past week, Jonathan Hastings resigned from Jackson Public Schools amid allegations that he was engaging in illegal activity with a student who is believed to be 17 years old. It appears that Mr. Hastings was charged with Using a Computer to Commit a Crime and Promoting or Distributing Child Sexually abusive activity. It is the latter of the two charges that carries a life changing penalty. He could face a maximum sentence of 7 years in prison (but, given his lack of c
Michigan "Firearm" change could prove to be a valuable defense
On May 12, 2015, Michigan Governor Rick Snyder signed a series of bills that, in part, modified the definition of a firearm in Michigan. That change could prove to be a huge benefit to Joe Forebeck. Joe Forebeck, of Lansing is a 17 year old student who was recently arraigned in Eaton County District Court for bringing a BB gun to Waverly High School. He was charged with Feloneous Assualt in a Weapons free school zone which is punishable by up to four years in the state pri
East Lansing Voters Permit Possession of Marijuana
65% of East Lansing voters voted to legalizes the possession, use and transfer of up to an ounce of marijuana on private property as long as the individual is 21 years or older. However, this is not a total "legalization" within the city limits. It is still illegal to consuming marijuana in public and unless someone is complying with Michigan's Medical Marijuana Act, it is still illegal to deliver or transfer marijuana in East Lansing. This will undoubtedly create some ques
Call off the Dogs: US Supreme Court Discusses K9 Use During Traffic Stops
An individual who has been pulled over for a traffic violation may not be detained by police longer than necessary for the officer to issue a ticket or warning for the alleged driving infraction. That is according to the United States Supreme Court. Shortly after midnight in March 2012, Officer Morgan Struble saw an SUV veer slowly onto the shoulder of the highway and then jerk back onto the road. The officer pulled the vehicle over and questioned the driver about why he swe
Senate Bill 783 on Fast Track Through Michigan Senate
Senate Bill 783 seems to be on the fast track through the Michigan Senate. The Bill seeks to amend Section 7 of the Michigan Medical Marihuana Act limiting where individual patients and caregivers can grow and use marijuana to aleviate their debilitating medical conditions. Specifically the bill would allow landlords of private residental property to prohibit patients and caregivers, through the leasing documents, from growing marijuana and smoking it on the property. The B
WLNS News Turns to Matt Newburg to Discuss Medical Marijuana
(WLNS) – Lawmakers are still considering measures to define the future of medical marijuana in Michigan. Legislation discussed in the senate Wednesday aims to eliminate some of the legal gray areas, but critics say lawmakers are focusing on the wrong issues. Medical marijuana in the state of Michigan has a complicated track record. It was approved for medical use by voters in 2008, but dispensaries became illegal under a 2013 Supreme Court case. Yet we still see them in Michi
Guilty Until Proven Innocent
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 hundreds of criminal defendants—not one of those individuals was treated as an innocent person while their case was proceeding through the