Blog Posts Tagged with criminal law

Medical marijuana user can be prosecuted for smoking in parked car

by: Matt Newburg

November 25, 2015 at 8:33 PM EST

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 was smoking marijuana...

Greater Police Accountability for Confiscated Property

by: Matt Newburg

October 8, 2015 at 9:20 PM EDT

Local police departments will find it more difficult to keep and sell confiscated property under legislation that has sailed through both the Michigan House and Senate.

On Oct. 7, the Senate unanimously passed a seven-bill package aimed at reforming Michigan’s civil forfeiture law. The House passed the legislation several months ago with little opposition.

House Bills 4499, 4500, 4503, 4504, 4505, 4506 and 4507 are now on Gov. Rick Snyder’s desk. He is expected to sign them.

The bills will...

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...