Blog Posts Tagged with section 4

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  In People Rocafort, an unpublished opinion, the Court held the marijuana seized by law enforcement was dried marijuana--despite having moisture--and exceeded the amount of marijuana Ms.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...

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...

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On January 13, 2015 the Michigan Court of Apppeals, in an unpublished opinion finally held what Newburg Law attorneys have been saying for years.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...