Legally transporting Medical Marijuana in Michigan?
How does an individual go about legally transporting medical marijuana here in the State of Michigan? Is there a legal way of transporting medical marijuana in Michigan? Does it matter what type of medical marijuana we are referring to (flower or infused marijuana)? What happens if you are found to be illegally transporting medical marijuana in Michigan?
To begin, there must be a brief discussion on the different types of medical marijuana that can be transported. Recently, and becoming effective sometime in December 2016, Michigan not makes a distinction between flower marijuana and concentrated or infused marijuana. The difference in the form of medical marijuana that is in question will determine the appropriate outcome of charges or citations issued. So, if an individual is found to be possessing and improperly transporting medical marijuana is in usable or flower form then they will be looking at a 93-day misdemeanor if convicted. MCL § 750.424. On the flip-side, if an individual is found to be improperly transporting medical marijuana that is considered infused or concentrated marijuana then he or she will be looking at a civil infraction.
The vast difference between these two charges vary significantly when speaking about the possible punishment that is imposed if an individual is found committing the violation. One brings about criminal sanctions while the other simply bring about a fine. It becomes even more interesting when an individual discovers that infused marijuana products that are being improperly transported only receives a fine, yet an individual found to be transporting medical marijuana in useable or flower form will receive a misdemeanor. This is interesting due to the fact that many individuals view infused marijuana products are more severe than their counter-parts. In the end, the proper way of transporting medical marijuana (infused or flower) follows the same course: the marijuana must be in an enclosed container and be transported in the individual’s trunk of their motor vehicle. If a trunk does not exist then the individual should place his or her container in the most rear of the vehicle as to be in the least accessible area of the owner of the marijuana.
If you find yourself charged or cited for improperly transporting medical marijuana here in the State of Michigan, you should contact a criminal defense attorney immediately to determine the possible repercussions and options you have for your individual case. You should never rely on this website or any other information on any website when you are wanting or attempting to defend yourself against any criminal or traffic citation or charge in any circumstances, including but not limited to, a court of law. Always contact and obtain assistance from competent counsel.