Newburg Law Blog

Court of Appeals ruling prevents ANY MMMA caregivers from serving more than five patients

by: Jason Osbourn

May 18, 2016 at 4:48 PM EDT

While the § 4 defense of the Michigan Medical Marijuana Act (MMMA) is relatively clear, § 8 suffers from a high level of vagueness and ambiguity. The most recent published attempt to clarify this defense by the Michigan courts occurred in People v Bylsma, ___ Mich App ___ (2016) where the Court of Appeals was presented with the issue of the relevance of a registered caregiver-patient relationship to the assertion of immunity under § 8 of the MMMA. That court reaffirmed the Michigan Supreme...

A More Peaceful Divorce Process

by: Kristin Arnett

May 2, 2016 at 6:22 PM EDT

Divorce is difficult. Divorce is emotional. Divorce is expensive and time consuming. Even if you think that you don’t have a lot of “stuff” or you believe that you and your spouse “agree on everything,” rarely is that actually the case. Even if you don’t own much property, chances are you do have debt, which must also be divided. Whether you have been married five, ten, or fifteen years, you have accumulated things; you have joined two lives into one that now must be...

Can I drive if I’m a medical marijuana patient?

by: Jason Osbourn

May 2, 2016 at 9:45 AM EDT

In Michigan, it is a crime for a person to operate a motor vehicle with any amount of a schedule 1 controlled substance, including marijuana, in their body under MCL 257.625(8), a crime known commonly as OWI. Even trace amounts of marijuana in a person’s blood will support a conviction under this statute.

The Michigan Medical Marijuana Act (MMMA), however, immunizes MMMA cardholders from arrest, prosecution, and penalty for the medical use of marijuana conducted within the scope of the MMMA....

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...

Michigan "Firearm" change could prove to be a valuable defense

by: Matt Newburg

May 22, 2015 at 12:01 PM EDT

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 prison. 

...

Why Staying Silent Could Be Your Best Defense

by: Matt Newburg

May 18, 2015 at 11:58 AM EDT

As a criminal defense lawyer, it is no surprise that I constantly tell my clients not to consent to a search and not to talk with authorities.  However, very rarely do I get the opportunity to tell this to the parents of kids who are in trouble.  The story is all too familiar.  A child gets in trouble at school or while they are hanging out with their friends and there becomes a time when that child's parents find out.  Naturally, the parents next reaction is to call either law...

Michigan's Deferred Sentence: A Powerful Tool

by: Matt Newburg

May 12, 2015 at 11:56 AM EDT

Michigan has just a handful of statutes that permit an individual from leaving the criminal justice systems unscathed--absent an acquital or dismissal.  HYTA, or Holmes Youthful Trainee Act, has been discussed in detail here. The other is MCL 333.7411 which applies strictly to possession of certain controlled substances.  The third is the delayed sentence statute.  After a plea of guilty or a guilty verdict the court may delay the sentence for not more than 1 year to give the...

East Lansing Voters Permit Possession of Marijuana

by: Matt Newburg

May 6, 2015 at 11:54 AM EDT

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...

Michigan Sex Offender Registry Requirements Significantly Change

by: Matt Newburg

April 29, 2015 at 11:49 AM EDT

Michigan's Sex Offender Registry has been changed in dramatic fashion.  In an approximately 80 pageopinion, Judge Cleland has struck down a number of SORA provisions.  Recently, Newburg Law was hired to represent an individual who pled guilty for failing to comply with the SORA requirements.  Our client was on parole and was potentially facing parole revocation.  That changed when we called the prosecuting attorney and informed them that we would be filing a motion to withdraw our...