Decriminalizing Marijuana In Michigan
Here in the State of Michigan, there are certain cities decriminalizing marijuana involving up to a specific amount of marijuana and for of-aged individuals (those over 18-years old or 21-years old). It is important to note that individual municipalities may and will have varying languages and requirements within those individual ordinances.
These cities decriminalizing marijuana include, but may not be limited to, Ann Arbor, Flint, Detroit, Lansing, Ferndale, Jackson, Grand Rapids, Ypsilanti, and Kalamazoo. The cities of Oak Park and Hazel Park recently past oridnances allowing for decriminalizing marijuana, and in November 2014 it is been said that Utica, Lapeer, Port Huron, Onaway, Harrison Township, East Lansing, Clare, Saginaw, Frankfurt, Mount Pleasant, and Berkley will be voting for decriminalizing marijuana.
What does decriminalizing marijuana mean for those individual’s found to be using, possessing, and delivering marijuana within those areas? That answer is not as clean or straight forward as one may seem.
First off, everyone must remember that you can still be charged at the state level for possessing, using, or delivering marijuana. What does that mean you may ask? Depending on the arresting department, the State Prosecutor can have jurisdiction to prosecute the matter, and thus not be constrained by local ordinance law. In the end, whether you are criminally charged or cited for a civil infraction for marijuana will depend on the arresting agency.
The second thing concerns the type of citation you recieve for marijuana within areas decriminalizing marijuana. In these areas criminal charges will not ensue, if the arresting agency is the local police deparment. Generally, areas decriminalizing marijuana will simply issue a civil infraction . . . i.e. pay a fine and you are done. But remember, whether it is a civil infraction or a criminal charges is based upon the arresting officer or agency.
You must know the law in order to maintain your right in any situation, and at the end of the day you need to lawyer-up with someone that has your back. Josh Jones is here 7-days a week. He maintains a full-service criminal defense firm specializing in marijuana defense.
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