Michigan Civil Forfeiture Laws Updated

In 2016, new Michigan Civil Forfeiture law took effect, which continued into the following year. The changes in the Michigan Civil Forfeiture law will relax the previous existing law that took millions of dollars from individuals involved in certain criminal investigations during previous years. The new Michigan Civil Forfeiture laws, increase the required burden of proof needed to be brought forth into a court of law, prior to an individuals property being forfeited by the local or state government. Therefore, individuals will now have more ability to prove that their property is not involved or was not involved in a criminal act, as alleged pursuant to the civil forfeiture.

Not only has the burden of proof required in order to prove a connection between personal property and criminal activity increased, but also the need to provide a monetary bond in order for an individual to pursue his or her claim for their particular property has been eliminated. Note: this applies to those cases and matters involving personal property under $50,000.00. This need to post bond may be confusing for some, and thus an explanation is needed.

To begin, when an individual is suspected of specific criminal activity, such as drug crimes, the police are allowed, under law, to seize and seek civil forfeiture of any and all property connected to or involved in the criminal activity. If the property is seized through civil forfeiture, a notice is to be provided to the owner of the property, and the owner then must decide his or her next course of action. Previously, an individual must within 20 days of receiving the notice of forfeiture provide a written claim and monetary bond in order to preserve his or her right in said property. Providing the written claim and monetary bond was the only way to protect and maintain in the seized property, otherwise the lack of performing these acts meant the property would be automatically forfeited after the 20 days. Under the new Michigan Civil Forfeiture laws, an individuals is still required to provide a written claim within the 20-day period; however, they are no longer required to post or provide a monetary bond for said property. This is a huge benefit for individuals because the new Michigan Civil Forfeiture laws are now not discriminating agains those individuals who do not hold the extra funds in order to  fight a claim of improper forfeiture.

The new Michigan Civil Forfeiture laws can be complex and are separate from any and all criminal matters that mar or may not be associated within a civil forfeiture case. This is important to note because of the difference in procedure and law between the two matters. This is also reason to hire and maintain counsel any time you believe or are charged with or could be charged with a criminal matter. Never rely on this website or any information when wanting or attempting to defend, represent or articulate any legal matter before a court within this state, or any other state of individual.

The Michigan Court of Appeals on Dec. 20, 2016, issued a written opinion indicating that improperly transporting marihuana unconstitutional. See People v Latz. This means that the statute, MCL § 750.474, indicating how a patient or caregiver must transport his or her usable marihuana is no longer valid here in the State of Michigan. Previously, this statute made it a criminal misdemeanor if violated, but improperly transporting marihuana unconstitutional is not the new standard across the state. Since it passage, the improper transport law has created many issues and concerns for numerous patients and caregivers here in Michigan due to the specific language used in the Michigan Medical Marihuana Act (MMMA). The MMMA never specifically limited how a patient or caregiver was required to transport their medical marijuana, and thus the improper transport statute seemed to be at odds with the MMMA. This was always an argument, prior to the People v Latz opinion; however, not every lower court had the same opinion.

The court in the end, specifically stated that the improper transport law was in conflict with the MMMA, and because of such conflict, the MMMA would take precedent over the improper transport law, just as any other law that is in conflict with the MMMA would be subjected to. Moreover, the court went on to explain that when “persons comply with the MMMA, it grants “broad” “immunity” from prosecution. As noted, there is no dispute, at least for the purposes of this appeal, that defendant was in compliance with the MMMA.” (citing MCL § 333.26424(a); Braska v Challenge Mfg Co, 307 Mich App 340, 357-358(2014)).

In People v Latz, the Court of Appeals ruling improperly transporting marihuana unconstitutional allows for patients and caregivers to follow the MMMA solely and not be confused by improper criminal statutes. It is worth noting that the Court of Appeals Opinion could potentially be reversed by the Michigan Supreme Court; however, until that occurs the opinion by the Court of Appeals is standing law. Moreover, there are still laws limiting and controlling the transport of certain medical marihuana products, but luckily the punishment for this violation results in a civil infraction rather than a criminal misdemeanor as the improper transport statute did prior to this Court of Appeals’ opinion. Whenever you are involved with a medical marihuana or criminal or traffic issue you should and must always contact and consult with proper legal counsel. Never rely on or use information from this website or another source when attempting, wanting or wishing to defend yourself or a matter within or among the legal system here in Michigan or throughout the United States. Always lawyer-up.

Border Searches Cover The Entire State of Michigan

I remember sitting in my constitutional law class when the professor began his lecture on border searches, and when he explained the basis of these types of searches I was a little surprised. There has always been a decrease in personal and constitutional rights when entering a country, whether it be the US or a foreign land. However, the issues involved within border searches extends far beyond what one would think as the actual international border. Many individuals are unaware that courts, and thus law enforcement, have interpreted and extended the actual international border. In fact, there is actually an imaginary line created, extending the international border 100-miles from that imaginary line and bringing about lower constitutional protections for individuals found within that area. This is where border searches come into play because when individuals are found within these 100-mile areas and confronted by border patrol they will be maintain lower standards of constitutional protections as compared to areas outside of these 100-mile areas.

The lower constitutional protection found within these areas allow for border patrol to potentially conduct warrantless border searches on individuals that they suspect to enter or be in this country illegally. In Michigan, border searches are found to be in higher number because of the Canadian border. With that said, the Great Lakes have also been interpreted as a functional equivalent to a international border when discussing border searches and these 100-mile zones. At this point, you may be thinking or coming to the conclusion that much of Michigan falls within a 100-mile zone because of the close proximately to Canada.

The ACLU recently began investigation and legal action involving this very issue: border searches occurring within Michigan. The Detroit News outlined some of the issues in a recent article. Because of the area covered by these 100-mile zones border searches can become an issue for anyone who resides or travels within Michigan due to the decrease in constitutional protection and allowance of warrantless searches. It has been estimated that a low number of border searches within these zones actually occur; however, there are serious concerns about the tactics and program implemented within these areas. The amount of coverage increases the impact that border searches can have on individuals, especially US citizens.

If you are ever involved in a criminal or traffic matter you should always obtain or consult with legal counsel. You should never rely on this website or any other website if wanting or attempting to defend yourself or use any legal ideal, defense, or procedure within a court of law. Always lawyer-up.

Common Traffic Ticket Questions In Michigan

 Common traffic ticket questions can range from traffic tickets that involve a civil infraction or criminal misdemeanors or felonies. Yes, traffic tickets can become or be issued as criminal felonies or misdemeanors, which makes common traffic ticket questions and answer so essential for individuals, so they know what to do and how to proceed when issued with a specific type of traffic ticket or infraction. As mentioned traffic ticket can consist of a simple issuance of a civil infraction, which will require the individual to pay a simple fine. The latter type of traffic ticket can involve the issuance of a criminal misdemeanor citation or a felony warrant, which is dependent upon the circumstances and acts involved within the incident.

Some of the most basic common traffic ticket questions can be found below, but essentially it should be noted that whenever you are involved with the police and a citation is issued you should contact a criminal law attorney immediately. There are time frames and procedures that may need to be followed in order to best perverse your matter.

Common Traffic Ticket Question 1 – Is my driving record affected anytime an officer issues or writes me a ticket ticket?

The short answer to this question is “no.” There are specific traffic infractions that may or may not abstract or be sent over to the driving record.

Common Traffic Ticket Question 2 – Does that include traffic tickets that are issued under a criminal ordinance or statute, meaning a possible misdemeanor or felony?

Yes, the answer above does include SOME traffic offenses that may be criminal in nature, meaning they be placed on an individual’s criminal record; however, nothing will appear on the driving record. It should be noted, that this only applies to some criminal misdemeanors and felonies that are traffic offenses.

Common Traffic Ticket Question 3 – So, what you are saying is that traffic offenses can leave me with a criminal record?

Yes, there are certain enumerated or specified traffic offenses that if committed, charged, and found guilty of the offense an individual will be left with a criminal record of some kind, and depending upon the traffic offense could also affect the individual’s driving record.

Common Traffic Ticket Question 4 – How does one go about determining whether or not the traffic offense is criminal or a simple civil infraction?

The best way is to contact a criminal defense attorney, and then discuss the matter with him or her. Ultimately, the court will be the ones who know exactly what your charge or infraction issued. This is being said because sometimes the infraction, charge or criminal indicated on the ticket is not the one actually issued officially against you. We must remember the the prosecutor of the county, state or local municipality is the ultimate decider of crimes charged.

Common Traffic Question 5 – Does a speeding ticket 0 to 5 over, on a limited access roadway impact my driver record? What about my insurance?

Yes. Your driving record will have a speeding infraction for speeding place on it, and this will in turn impact your insurance once the insurance company runs a review of your driving record.

Common Traffic Ticket Question 6 – Is there a way to avoid penalties to your insurance or driving record?

Yes. There are ways to avoid an impact to your driving record and your insurance. Your insurance is tied to your driving record, and thus if you are able to stop the infraction from appearing on your record then you will be able to stop the impact to your insurance. The best advice is to contact counsel and have him or her handle the matter for you.

Common Traffic Ticket Question 7 – Is there a time limit for fighting, contesting or negotiating a traffic ticket?

Yes. The amount of time will be listed on the ticket, but generally it is ten 10-days. This means that you have that amount of time to contact the court and schedule hearing. If an attorney is hired during that time, then he or she will handle the setting of the hearing. It is important to note that if you do not respond or pay the ticket within that time frame you will face a default judgment, which will impact your drivers license and the amount of fines and costs.

Common Traffic Ticket Question 8 – What happens if I fail to pay a traffic ticket within the appropriate time?

The court will enter a default against you and your driving record, which means that your driving record will likely be suspended until the ticket is dealt with and a clearance fee is paid. If you become aware that your driving record has been suspended because of a failure to pay a traffic ticket you should contact counsel to obtain information on your options.

Traffic ticket questions because of the nature of those tickets and the ramifications that the ticket could have on the person, depending upon the circumstances of that individual situation. You should always consider contacting and reaching out to counsel whenever you receive a traffic ticket. Obtaining an attorney could mean the difference between the ticket impacting your drivers license and a clean record. You never want to rely on information on this website or any website when wanting or attempting to represent yourself within any court of law here in Michigan or in any court or before any individual pertaining to a legal or possible legal matter or issue. 

Criminal Law Questions & Answers

Criminal law questions can be difficult to answer because of the various factors, circumstances, rules and laws that factor into each individual case. However, there are some answers to criminal law questions that can be provided, so that individuals (such as the ones reading these words) have some idea of what to do or not to do when involved with a criminal law or the police. With that said, below you will find general answers to some of the basic criminal law questions that are proposed to attorneys, law enforcement personnel, and the courts. Some of the answers to these criminal law questions may seem more complex or basic than others, but each individual issue is important and can have an impact on a criminal matter.

Criminal Law Question 1 – What happens after someone is arrested?

The officers involved in writing the reports about a crime will also obtain witness statements, run a background check of the suspect, and further investigate the situation, if needed. He or she will then generally submit a “arrant packet” the prosecuting attorney, either state or local. The prosecutor then reviews the packet and determines the appropriate crime to be charged, whether felony or misdemeanor. Moreover, the prosecutor will determine, initially, whether a crime even occurred in his or her opinion. If a charge is filed a warrant will be issued, and the individual will then need to turn himself in on the warrant or they will be at risk of being arrested on that warrant.

Criminal Law Question 2 – The person who called the police does not want to prosecute or continue with the case, does that mean the case will be dropped or dismissed?

No, it does not necessarily rest with the complaining witness. As indicated above, the prosecutor is ultimately the one deciding the individual and crime to be charged. There are many reasons why an alleged victim or complaining witness may not want to see charges continue, which vary from empathy to fear. Regardless, the system is set up in order for police to report, investigate, and collect facts, statements, and evidence of possible and reported criminal activity, and then the police turn that information over to lawyers (prosecutors) to initially review the facts and determine the type of crime that may or may not have occurred. The criminal courts oversee and attempts to ensure those facts legitimize criminal activity.

Criminal Law Question 3 – What is the difference between being charged with a misdemeanor versus a felony?

There are various aspects that differentiate felony and misdemeanor charges. The primary difference between the two two are that misdemeanors are generally not punishable by more than one-year in jail, whereas felonies are punishable by a maximum jail time that exceeds one-year in jail. Procedurally speaking, felonies and misdemeanors also differ. Felonies will generally be disposed of in the circuit court, while misdemeanors be handled in a district court.

Criminal Law Question 4 – Are you required to speak to the police?

No, you are not required to speak with them. This is especially true if you are a believed suspect in a crime. At times, you may or may not know whether you are the suspect, which means that it is always advisable to not make a statement to the police if there is any thought or belief that you could have potential involvement in criminal activity. Of course, you are free to speak with them, and in circumstances the police are required to provide you certain Miranda warnings prior to speaking with you. Police are tricky and crafty. They know how to question and interact with individuals in order to obtain certain information within the bounds of the law. Rather than speaking to the police, contact a criminal lawyer to assist in the questioning or representing your matter. A criminal lawyer will understand what can and cannot be said to properly handle your matter and deal with the situation at the investigation stage and during formal criminal proceedings.

Criminal Law Question 5 – Does an officer have to arrest you if you are being charged with a crime?

Generally, whether an officer does or does not arrest you will be on his or her discretion. This may be surprising to some. There are a few crimes where the officer is required to arrest for a period of time, such as drunk driving, OWI, or impaired driving. However, in other aspects and circumstances the officer does not technically have to place individual under arrest, which can involve both felonies or misdemeanors. Yes, this is correct. An officer does necessarily have to arrest simply because an individual may have committed a felony. It should be noted that when an individual is potentially involved with felony charges the risk of arrest does rise. Again, the officer has certain discretion when involved in investigating, arresting, and seeking criminal charges for both felonies and misdemeanors.

Criminal Law Question 6 – Are you required to let the police into your home? Are you required to allow them to search your home?

The short answer is no, unless the officer has a search warrant or an arrest warrant for someone who resides or may be staying inside the home. The warrant in those situations will be controlling; however, if there is no warrant then you are generally not required to allow the officer inside your home. This means you can tell the officer “no”. Moreover, you are not required to give consent to the officer to search your home, unless there is an authorized search warrant for the residence. Without a search warrant, an officer’s ability to search individual’s home is limited to certain circumstances and situations.

Criminal Law Question 7 – Are you required to allow the police to search your vehicle during a traffic stop?

An individual is not required to provide consent to an officer to search his or her motor vehicle at the time of a traffic stop; however, an officer’s ability to search a motor vehicle is greater than compared to other area’s or places an individual may be encountered by an officer. Therefore, any constitutionality of a search of an individual’s vehicle, meaning whether it was legally searched, will be a case-by-case basis, and it is always advised to deny consent and force an officer to do what he or she may do in the circumstance. Any defense will likely be sought during criminal proceedings.

Other criminal law questions can be found in an earlier post: Common Criminal Law Questions.


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.

New Michigan Medical Marihuana Provisioning Centers Outlined

Michigan Governor Snyder signed into law the Michigan Medical Marihuana Facility Act, which brought medical marihuana provisioning centers here in Michigan. This new law takes away issues that medical marihuana patients and caregivers have faced since the enactment of the Michigan Medical Marihuana Act (MMMA) in 2008. With the establishment of medical marihuana provisioning centers, these individuals owning and operating the provisioning centers will be able to legally sell and distribute medical marihuana to qualifying patients and caregivers. Whats more, is that the provisioning centers will be able to sell both usable (flower) marihuana and marihuana-infused products. Again, this is a huge obstacle that patients and caregivers are now able to avoid in order to obtain their medical marihuana.

It should be noted that the new laws on medical marihuana provisioning centers will not become effective until approximately the fall of 2017, which was determined by the Statute. Moreover, and most importantly, in order for a medical marihuana provisioning center to operate legally they must first obtain a license, which is issued through the State. The caveat in the Statute is that in order for an individual to even apply for a medical marihuana provisioning license (or any license under the statute) the local municipality, where the license is to be used, must first establish a local ordinance specifying for the provisioning centers operation. Beyond that, an individual or a business entity will need to formally file an application for the medical marihuana provisioning license, which requires certain disclosures and requirements prior to the issuance of the license. For example, individuals convicted of specific crimes within a specific period leading up to the filing of the application could or may be automatically precluded from obtaining the license. This applies even if the individual applying is a business entity since there is a disclosure requirement for specific individuals within the application process. Moreover, that disclosure process also takes into account an individuals prior criminal record, even when that individual may not be automatically precluded by the statute to obtain a medical marihuana provisioning license. What this means is that the application has a character requirement for the applicants, and thus crimes, convictions or arrests, etc. could potentially stop an individual from being approved for a license if determined by the committee or board overseeing such approval.

If an individual obtaining a medical marihuana provisioning license, he, she or they will need to also obtain other specific requirements in order to operate legally under the new Medical Marihuana Facility Act. Some of these requirements include, but are not limited to, obtaining medical marihuana from specific growers or processors. Under the new law, the medical marihuana system is interconnected, and thus licensed growers and processors will be the ones supplying the individual provisioning centers. Also, medical marihuana provisioning centers will be required to a 3rd party inventory control system and tracking system. It’s important to note that the system implemented in the medical marihuana provisioning center must be compatible with interfacing or connecting with the State’s tracking system. This requirement makes logical sense since the State will be setting up a seed to sale tracking system for all medical marihuana sold through the new licensing system.

Due to the requirements both for the application and the functioning of the business, anyone who is wanting to or thinking of applying for a medical marihuana provisioning license should consult, obtain or hire an attorney prior to doing filing such application. The reason for this is due to the specific requirements in order to act under the legality of the license, which starts prior to and after obtaining approval. Remember, never rely on this website or any other website when attempting to effectuate the law or legality of a Statute before any governing body, court or otherwise here in Michigan or throughout the United States without first obtaining assistance and guidance from counsel.

Medical Marihuana Facility License Act In Michigan

In September 2016, Governor Synder signed into law Michigan Medical Marihuana Facility License Act, establishing a system that allows Michigan Medical Marihuana Patients and Caregivers to obtain their medical marihuana through a commercial business legally. This changes the current landscape because until this law becomes effective the State of Michigan, and the MMMA patents and caregivers, have been restrained by the decision in People v McQueen, which essentially outlawed businesses from selling medical marihuana to patients and caregivers. Now, with the Medical Marihuana Facility License Act there is a specific license an individual must obtain before they are allowed to commercially dispense or sell medical marihuana to Michigan patients and caregivers. What’s more, is that the license is overseen by the State; however, it is up to the local municipality on whether or not a business can be licensed within that particular locale.

So let’s back up a moment . . . the Medical Marihuana Facility License Act actually establishes multiple licenses for various activities that medical marihuana patients and caregivers engage in. The various licenses created by the Act are as follows: (i) grower, (ii) processor, (iii) secure transporter, (iv) provisioning center, and (v) safety compliance facility. As you can see by the individual names for each license, the Michigan Facility Licenses are broken down into the various activities that go into growing, harvesting and distributing medical marihuana to end users (patients and caregivers). There is also a compliance facility, for testing purposes. Moreover, the Statute identifies that the system to be implemented will also incorporate state-wide monitoring in order to keep track of the marihuana created by the individual license holders. This means all marihuana grown, processed and then sold will be tracked from the moment it is planted. Lastly, only secure transporters will be allowed to move the marihuana between the various individuals, which also requires a specific license.

As mentioned above, the local municipalities will be the ultimate deciders on what type of medical marihuana facility license will be issued within their boundaries. The reason for this is due to the language in the Statute, which identifies that the municipality will determine which type of facility will be allowed through the creation of a local ordinance. Once the local ordinance has been established an individual will be allowed to apply for the particular license that the locale allows for, but must apply through the State. The application process, is seemingly the same for each individual license, and each individual license provides for legal protection for the activities covered by that particular license. Moreover, and in the end, it is the State who will approve or deny an individual’s application for a medical marihuana facility license. It should also be noted that there are particular convictions and time periods that could automatically preclude an individual from obtaining a license. This is important to consider if there is a corporation or other business entity looking to apply because the clearance checks require certain parties of those entities to make certain disclosures within the application.

It is so important to obtain legal advice, guidance and assistance if you are attempting to obtain a medical marihuana facility license. This act becomes effective on a specific day, requires specific information, and many other business necessities in order to maintain compliance with the Act and license. Remember, you should never rely on this website or any other website in order to obtain legal knowledge or information that you would want or like to use if you ever choose, want or attempt to defend yourself within a court in Michigan or the United States. Always seek out legal counsel and assistance.

Federal Judge Rules Government Hacking Is Constitutional Without Warrant

In June 2016, a Federal Judge ruled Government hacking is Constitutional, after it had been discovered that the FBI had utilized malware on a private computer to obtain specific I.P. addresses of individuals accessing a particular website. It is worth noting at this point in the discussion that the use of the malware was done after the FBI obtained a search warrant for such use. The website in question hosted a voluminous library of abusive and explicitly sexual material of minors. The type of malware that was used is known as a network investigation technique, or more commonly referred to as NIT. Once the FBI obtained specific information using the malware they then went and sought out a subpoena for personal information on the individuals I.P. addresses they had obtained from the use of the malware. The subpoena was sent to Time Warner Inc., which is how they obtained specific information on the individual, such as his name, address, and other personal information on file with Time Warner.

After the FBI obtained the personal information about the individual in question from Time Warner, they then went and sought a second search warrant. But this time, the warrant was issued for the search of the individual’s home and computers. The issue before the court, originally dealt with whether the second warrant issued was overly broad or vague, meaning the place to be searched was not described with enough specificity as required by law. The court determined that the second search warrant was appropriately drafted, but it also spoke to the legitimacy of the initial search warrant. The court explained that Government hacking is Constitutional is founded and legal because of the lack of expected privacy involving the use of a computer on the internet.

Essentially, the court held that an individual using his computer at home, who may even be attempting to block people from reading this I.P. Address does not have an expectation of privacy in what they are viewing or searching on the web. By making this statement and analyzing the use of the malware to obtain an I.P. Address the court held that a warrant in such a situation was not needed or required. This means that if the FBI wanted to they would have, without a warrant, still used the malware to obtain the information they did.

This ruling, and others like it, is a showing that our privacy rights are continually being eroded due to the advancement of technology. This issue with technological advancement and the lack of privacy rights has been an issue for decades, and it seems to be getting worse now that Government hacking is Constitutional and does not require a warrant prior to its deployment. So in the end, because Government hacking is Constitutional, Police officers and the like can now technically use software that will be able to obtain data about you and your private life without the need for a warrant. Not every court agrees with this analysis, which makes the issue more problematic when dealing with criminal charges. In the end, never rely on this website or any information on the internet when wanting, attempting or contemplating representing yourself in any court within Michigan or the United States. Always obtain or seek out competent counsel to assist you with any legal issue or question.

Michigan Medical Marijuana Edible And Concentrate Bill Explained

By the end of 2016, the new Michigan Medical Marijuana Edible and Concentrate Bill will be in full affect and have modified the existing law under the Michigan Medical Marihuana Act (MMMA). The new Michigan Medical Marijuana Edible and Concentrate bill allows individual patients and caregivers (and even provisioning centers) obtain and use medical marijuana that have been made from a concentrate. The term concentrate is not very specific, at least in terms of the language used in the new Michigan Medical Marijuana Edible and Concentrate bill. Therefore, it is best to look at the plan language of the bill, which now allows for a “Marihuana-infused product.”

Under the new Michigan Medical Marijuana Edible and Concentrate bill, an infused product “means a topical formulation, tincture, beverage, edible substance, or similar product containing any usable marihuana that is intended for human consumption in a manner other than smoke inhalation.” The other term that becomes important, when determining the extent of an allowable amount of marihuana infused products, is “usable marihuana equivalent.” The usable marihuana equivalent is actually a guide or conversion for various types of marihuana infused products, and thus places the limits on the amount of marihuana infused products that an individual patient and caregiver can possess.

The modifications of the new Michigan Medical Marijuana edible and concentrate bill are easily incorporated into the old language of the exists MMMA statute, which means that when determining the amount of marihuana infused products a caregiver or patient can possess is limited to the same amounts as previously allowed; however, now individuals will use the conversion table, set forth in the usable marihuana equivalent section, to determine how much usable or flower marihuana translates into the appropriate amount of marihuana infused products. For example, 1 ounce of usable or flower marihuana is equivalent to 36 fluid ounces of marihuana infused products, meaning that someone in possession of 36 fluid ounces of infused marihuana would be under his or her limitations of Section 4 of the MMMA because that would only translate or convert into 1 ounce of usable or flow marihuana.

It should also be noted that the new Medical Marihuana Concentrate and Edible bill will also control and limit how individual patients and caregivers can transport their usable marihuana equivalent or infused marihuana products. This part of the law is listed directly under Section 4 of the new MMMA, and thus this could potentially be dealt with differently than the “improper transport of usable marihuana” law. The language of the law seems to read very similar to the preexisting law for normal usable marihuana; however, the huge difference is that if someone is found responsible or guilty of improperly transporting their marihuana infuse products, they will be required to pay a civil fine.

Moreover, the new Medical Marihuana Edible and Concentrate bill is going to apply retroactively once it has become effective. It is important to understand that the bill will not become effective until 90-days after Gov. Snyder signed the bill. Therefore, it will not become effective until 90-days after Sept. 20, 2016. The fact that the bill and the section for marihuana infused products is retroactive means that individuals convicted of crimes involving marihuana infused products could have reprieve or an opportunity for a defense against such a crime even though they have already been convicted. This may be a confusing statement, and thus simply put: if you have previously been convicted of a marihuana crime involving marihuana concentrates or edibles, you should contract a marihuana defense lawyer today to see if you are able to take advantage of the retroactivity under the new Michigan Medical Marihuana Edible and Concentrate Bill.

It is always so important and essential to never rely on this website or any other information on the web when you or someone you know is attempting, wanting or trying to represent yourself in a court within the State of Michigan or anywhere in the United States. Always contact and obtain the assistance of a counsel before defending, representing or identifying a legal theory, defense or claim.