Blog Archive for April 2016

Public vs. Private Places: Medical and Recreational Marijuana

by: Matt Newburg

April 29, 2016 at 7:50 AM EDT

There is no question that Michigan's Medical Marihuana Act has been litigated frequently in the Michigan Court of Appeals and Supreme Court.  The success and failure of that litigation has usually turned on the meaning of a particular phrase or word contained within the MMA.  As the MMA has filtered through the court system, Michigan municipalities have adopted ordinances that, in part, decriminalize the recreational possession and use of marijuana--these ordinances are separate and apart...

Can I legally carry a knife in Michigan?

by: Jason Osbourn

April 24, 2016 at 10:53 AM EDT

It is a common misconception that Michigan law only addresses blade length, that a person can carry a knife so long as the blade is less than 3 inches. The truth is much more complex.

Open Carry

Michigan is, first and foremost, an open carry state. This means that a person can carry almost any type of knife as long as they do so openly such that it is easily seen by those with whom they come into ordinary contact. There are only two exceptions to this general rule.

The first is if the knife is...

When is a Weapon Truly Concealed and Can I Carry a Weapon without a CPL?

by: Matt Newburg

April 23, 2016 at 7:39 AM EDT

The crime of carrying a concealed weapon contains two primary elements: first, that the weapon was knowingly carried, and second, that the weapon was concealed. Complete invisibility of the weapon is not required; concealment is found where the weapon cannot be easily seen by those who come into ordinary contact with the defendant. This standard can be tricky because it does not require that an observer actually see the weapon, only that a hypothetical person who came into ordinary contact with the...

Medical Marijuana and Schools: Can I grow medical Marijuana near a school?

by: Matt Newburg

April 20, 2016 at 10:06 AM EDT

We hear the question all the time from clients: I have to grow my marijuana 1000 feet from a school don’t I? Then, we heard it from a prosecutor.  In fact, the prosecutor charged our client with a 7 year felony for growing less plants than permitted under state law and there is no question they were being grown in an “enclosed locked facility”.  When I called to ask the prosecutor why my client was charged his response was astonishing “Matt it states right in the MMA...

Landlords Cannot Institute Blanket Bans on Convicted Criminals, Says HUD.

by: Jason Osbourn

April 5, 2016 at 9:53 AM EDT

The U.S. Department of Housing and Urban Development (HUD) issued a report Monday which concludes that landlords who enact blanket bans on renting to convicted felons would be in violation of the Fair Housing Act (FHA).

HUD’s conclusion draws from last year’s case of Texas Department of Housing and Community Affairs v. Inclusive Communities Project, 576 US ___ (2015) in which the United States Supreme Court ruled that housing policies which are not intentionally discriminatory but which,...