Transporting Usable Marijuana
Here in the State of Michigan Medical Marihuana patients and caregivers transporting usable marijuana are required to do so in a certain way. First, an individual must ensure that they are transporting usable marijuana inside a case and it is located inside the trunk.
MCL § 750.474 specially states that “[a] person shall not [be transporting usable marijuana] . . . in or upon a motor vehicle or any self-propelled vehicle designed for land travel unless the usable marihuana is . . .”
- Enclosed in a case that is carried in the trunk of the vehicle; or
- Enclosed in a case that is not readily accessible from the interior of the vehicle, if the vehicle in which the person is traveling does not have a trunk. [emphasis added]
Therefore, the statute even goes so far as to direct those individual with motor vehicles that have no trunk then they the individual must be transporting usable marijuana in an area “that is not readily accessible from the interior of the vehicle.” Moreover, the statute does not define case or an area that is not readily accessible when transporting uable marijuana. This means that an individual’s case will need to be dealt with by a proper attorney who understands the law concerning traffic stops and encounters involving law enforcement. The smallest amount of marihuana transported improperly can and will bring about criminal charges.
Furthermore, the offense for illegally transporting usable marijuana, if convicted, is a 93-day misdemeanor, punishable up to 93-days in a jail and/or a fine of $500.00.
This new criminal statute, which applies to medical marihuana users, became effective on April 1, 2013. It is a statute that many individuals do not know about until they are charged. Whenever you are transporting usable marijuana make sure that you are following the requirements of MCL § 750.474 – because if not, you may be looking at and facing criminal charges.
UPDATE: In late 2014 and early 2015 there has been movement and debate over the constitutionality of the improper or illegal transporting usable marijuana here in the State of Michigan. Some lower district courts in some counties throughout Michigan have ruled that this statute was not enacted properly. If you are charged with improperly transporting usable marijuana here in Michigan, contact Josh Jones today for your free consultation. He always has your back.
Josh Jones is available 7-days a week by phone, text, email or instant message. He handles all marijuana criminal matters. Remember, Josh Jones handles marijuana and criminal matters in Genesee County, Metro Detroit, Washtenaw County, Lapeer County and Livingston County.
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