Blog Posts Tagged with medical marijuana

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  In an unpublished opinion, the Michigan Court of Appeals vacated Mr.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...

Senate Bill 783 on Fast Track Through Michigan Senate

by: Matt Newburg

March 4, 2015 at 8:01 PM EST

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 News Turns to Matt Newburg to Discuss Medical Marijuana

by: Matt Newburg

March 4, 2015 at 12:00 PM EST

Matt Newburg on WLNS

(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...

Michigan Supreme Court takes on Medical Marijuana

by: Matt Newburg

March 4, 2015 at 11:54 AM EST

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...

Michigan Court of Appeals Reverses Tuscola County Medical Marijuana Convictions

by: Matt Newburg

March 4, 2015 at 11:35 AM EST

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...