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...

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 Bill is...

(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 Michigan cities.

“How...

January 14, 2015 will be, perhaps the biggest day in the Michigan Supreme Court for Michigan’s Medical Marijuana Patients and Caregivers.  The Court will hear a total of three cases that discuss Michigan’s Medical Marihuana Act and the defenses that are embodied within the statute.  The two cases that discuss the heart of Section 4 and Section 8 are Hartwick and Tuttle:

People v Richard Lee Hartwick / People v Tuttle:

Richard Hartwick, was arrested for illegally growing and...

On January 13, 2015 the Michigan Court of Apppeals, in an unpublished opinion finally held what Newburg Law attorneys have been saying for years.  There is absolutely no weight restrictions contained in Michigan’s Medical Marihuana Act for “drying” marijuana.  In doing so, the Michigan Court of appeals reversed the convictions of Johnnie Randall.  After a bench trial (a trial in front of the Judge and not a jury) Mr. Randall was convicted of Possession of marijuana and...