Blog Posts Tagged with medical marijuana

Michigan Court of Appeals Decides "Drying" marijuana Issue

by: Matt Newburg

January 9, 2016 at 1:00 PM EST

The Michigan Court of Appeals has, yet again, upheld a conviction of a Michigan Medical Marijuana Patient and Caregiver. In a 2-1 opinion, the Court addressed the meaning and consequences of marijuana that is found to be in the curing stages.  In People Rocafort, an unpublished opinion, the Court held the marijuana seized by law enforcement was dried marijuana--despite having moisture--and exceeded the amount of marijuana Ms. Rocafort could possess under the Michigan Medical...

Marijuana decriminalization in Grand Rapids withstands legal challenge

by: Matt Newburg

December 13, 2015 at 8:51 PM EST

The decision of Grand Rapids voters to decriminalize marijuana possession by amending the city charter will remain undisturbed, now that the Michigan Supreme Court has declined to hear a challenge to the law’s constitutionality. 

In 2012, more than half of Grand Rapids voters amended the city charter and made marijuana possession a civil infraction, with fines ranging from $25 to $100. But Kent County Prosecutor Bill Forsyth challenged the amendment, claiming that voters could not trump state...

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...

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...