Newburg Law Blog

Guaranteed Parole Might be Coming to Michigan

by: Matt Newburg

October 1, 2015 at 9:16 PM EDT

On Oct. 1, the Michigan House of Representatives approved legislation that would give prisoners deemed a low-risk to society automatic eligibility for parole, once they have served their minimum sentence.

Currently, prisoners in Michigan are not entitled to parole.

House Bill 4138 would implement what is being called “presumptive parole.” It would make eligible for parole those prisoners who serve their minimum time and are then determined to not be a menace to society.

The legislation also...

People v. Hartwick and Tuttle: Changing the Landscape of Medical Marijuana in Michigan.

by: Matt Newburg

October 1, 2015 at 9:15 PM EDT

On July 27, 2015, the Michigan Supreme Court published its opinion on Hartwick. In that opinion, the Court clarified that a defendant must prove their affirmative defense under  § 8 of the MMMA by a preponderance of the evidence, a standard which had not previously been formally established. The Court then restated the first element which the defendant must prove to establish a § 8 defense and distilled from it three elements: 

1) the existence of a bona fide physician-patient...

Michigan Medical Marijuana Legislation

by: Matt Newburg

September 29, 2015 at 8:15 PM EDT

Is medical marijuana headed for state regulation?

Under a three-bill package currently making its way through the state Legislature, Michigan could soon have a state-regulated medical marijuana industry.

The legislation, House Bills 4209, 4210 and 4827, would license medical marijuana dispensaries in communities that want them. The bills would also permit non-smokable forms of marijuana and create a seed-to-sale tracking system for cannabis plants.

In addition, the proposals would impose an 8 percent tax...

15 minutes: The waiting game

by: Matt Newburg

August 24, 2015 at 7:59 PM EDT

Michigan Law requires that prior to the administration of a Datamaster test officers must monitor the person submitting to the test for the 15 minutes prior to the datamaster administration.  A datamaster is a test that is often times administered at the jail after an individual has been arrested for Operating Under the Influence of Liquor.  While Datamaster results are admissible in any civil or criminal case, the admissibility is not absolute.  Datamaster results are...

Court of Appeals: Doctor Testimony Not Required for Section 8 Defense

by: Matt Newburg

August 3, 2015 at 7:57 PM EDT

Unregistered patients do not need to have a doctor testify at a hearing to determine whether that person is permitted to present an affirmative defense under Michigan’s Medical Marihuana Act (MMA) to a jury.  In an unpublished opinion, the Michigan Court of Appeals vacated Mr. Sherwood’s conviction and sentence ordering a new trial on the allegations that he was unlawfully manufacturing marihuana.  The primary issue was whether the MMA required unregistered patients to present a...