Articles Posted in Marijuana Laws

Michigan Recreational Marijuana Users Advised to Avoid Firearm Possession

Published on: December 10, 2018 | by Patrick Barone

Michigan Recreational Marijuana Users Advised to Avoid Firearm Possession

Now that Michigan has legalized the recreational use of marijuana, many citizens want to know how they can possess and use recreational marijuana without running afoul of the law. It will take many years for the legislators and courts to sort this all out, and in the meanwhile, recreational users may unknowingly place themselves at risk for criminal prosecution or other adverse legal consequences. One area that is particularly rife with such risks is the combination of marijuana and firearms.

An example of this this risk relates to the possession or use of marijuana while also being in the possession of a firearm. While this article focuses on State law there is also an interplay between Federal law and marijuana, and this interplay is the subject of a different article on this site.

As it relates to State law, Michigan gun owners should know that it is unlawful in Michigan to possess a firearm under the influence of alcohol, drugs or a combination of alcohol and drugs. There are two separate laws that apply to this scenario, one of which appears in the criminal code and one of which appears in the firearms statute. Both contain provisions applicable to the possession of a firearm under the influence of marijuana, but there are important differences as well.

Can I Have a CPL and be a Medical or Recreational Marijuana User?

Published on: November 28, 2018 | by Patrick Barone

Can I Have a CPL and be a Medical or Recreational Marijuana User?

No, according to Federal law, you are not allowed to both use medical or recreational marijuana and have a Michigan Concealed Pistol License (CPL). This is due to a conflict in state and federal law.

Michigan is not the only state facing this dilemma. For example, a man in Pennsylvania has filed a lawsuit seeking clarity regarding gun ownership rights. According to the HuffPost,

A medical marijuana prescriber and patient is challenging President Donald Trump’s administration over a federal statute barring cannabis users from purchasing or owning firearms, even when they take the drug legally pursuant to state law.

The Interplay Between Legalized Marijuana and Intoxicated Driving

Published on: November 7, 2018 | by Patrick Barone

The Interplay Between Legalized Marijuana and Intoxicated Driving

Now that Michigan’s voters have approved the legal use of recreational marijuana, how will this impact Michigan’s laws against intoxicated driving? The answer is – not very much.

As of the date of this article, it is unlawful in Michigan to drive under the influence of or while impaired by alcohol, drugs, or a combination of alcohol or drugs. This includes marijuana. However, the current state of the law in Michigan is that there are two different standards that apply to marijuana, one for medical marijuana users and one for everyone else. For a person with a medical marijuana card who is otherwise using medical marijuana legally, the police must prove that the marijuana substantially lessened their ability to operate the motor vehicle. For everyone else, zero tolerance applies, and simply driving with any amount of marijuana in your system is enough to violate the intoxicated driving laws.

Because marijuana has just become legal to use recreationally in Michigan, it will take some time for the intoxicated driving laws to catch up to this new reality. When they eventually do catch up, two things are likely to happen. First, marijuana will no longer be classified as a zero tolerance “any amount” drug. This zero-tolerance standard will be replaced by a legal limit for marijuana. Other states have set arbitrary amounts, such as 5 ng of THC (marijuana’s active ingredient), so the first thing Michigan’s lawmakers will need to decide is this arbitrary legal cut-off. Next, Michigan’s laws of intoxicated driving, found in the Michigan traffic code’s chapter 257 will need to be amended. Until both things happen, Michigan’s recreational marijuana users will be in a sort of legal limbo while trial courts try to decide the appropriate legal standard for judges and juries to apply in the review of these cases.

Use of Legalized Marijuana While on Probation in Michigan

Published on: November 7, 2018 | by Patrick Barone

Use of Legalized Marijuana While on Probation in Michigan

Now that Michigan’s voters have spoken, and we are now among a handful of states that allow the legalized use of marijuana, how will this change in the law impact the terms and conditions of probation? The answer is, it depends on the judge!

When a judge determines the conditions of probation for any crime, he or she is governed by Michigan Compiled Laws section 771.3, which sets forth all the mandatory conditions of probation. This law does not specifically state that a judge can order a person to stop using drugs or alcohol, but there is a catch-all provision, and this indicates that a judge may impose any other lawful condition of probation as the circumstances of the case require or warrant or as in his/her judgment are proper. Thus, it is very common for judges to order people to stop using alcohol, illegal drug or even legal drugs without a prescription. For those judges who believe that the circumstances of a case require the non-use of recreational marijuana, all the judge need do is order it as a condition of probation.

This issue has already been litigated as it relates to medical marijuana, and Michigan’s courts have found that the conditions of probation can include the non-use of lawfully prescribed medical marijuana. There seems to be no good reason why the same would not be true of recreational marijuana.

Will Michigan Drug Conviction Cause a Driver’s License Suspension?

Published on: September 11, 2018 | by Patrick Barone

Will Michigan Drug Conviction Cause a Driver’s License Suspension?

Convictions for many drug charges in Michigan will result in a suspension, restriction or even revocation of your driving privilege. This is true even if you were not driving at the time of the offense. The length, type, and severity of the driver license sanction will depend on the charge you are facing and on your prior record.

If you have no prior drug violations, then in most instances your driver license will be suspended for six months. You may be able to obtain restricted privileges, but no matter what, there will be no driving at all for at least the first 30 days. If you wish to obtain restricted privileges, then your lawyer will need to obtain a court order. It is the judge presiding over your case and not the secretary of state who makes this decision. But it is discretionary, so the judge is not obligated to give you restricted privileges just because you ask for them. Your lawyer will explain to you all the factors that will be considered by the judge in making this decision.

On the other hand, if you have one or more prior drug convictions and these convictions happened with the prior seven years, then not only will your driver license will be suspended for one full year, you will also not be able to obtain any restricted driving privileges.

Can I Legally Use Marijuana in Canada then Drive Home to Michigan?

Published on: June 27, 2018 | by Patrick Barone

Can I Legally Use Marijuana in Canada then Drive Home to Michigan?

No. Using Marijuana lawfully in Canada puts you at risk of an intoxicated driving charge in Michigan. This is true even though Canada recently passed new federal laws effectively making it legal to possess and use marijuana. Nevertheless, this new Canadian law may have an impact on how intoxicated driving laws are enforced here in Michigan. To understand why it’s helpful to briefly summarize Michigan’s drugged driving laws.

Until marijuana is also legalized for recreational use, Michigan’s intoxicated driving laws distinguish between the lawful and the unlawful use of marijuana. For people who can lawfully use medical marijuana, the police and prosecutor must show that the marijuana lawfully consumed substantially lessened the ability to operate the motor vehicle. In these circumstances, the police and prosecutor will rely on the driving observed and the roadside behavior of the motorist, including the performance on any field sobriety tasks, administered. Sometimes a blood test result showing a high level of THC in the blood will also be used to bolster their evidence of intoxication. If the jury believes that all of this evidence shows that the driver was intoxicated, then a conviction for OWI or Operating While Intoxicated will follow.

This level and type of proof are much different for the unlawful use of marijuana where the prosecutor need only show that at the time of driving the accused had any amount of THC in their blood. This is a zero-tolerance crime, meaning that the prosecutor is relieved of any burden to show intoxication. Simply having the THC in the bloodstream at the time of operation is sufficient.

Michigan’s Position on Cannabidiol, CBD and Industrial Hemp Products

Published on: May 14, 2018 | by Patrick Barone

Michigan’s Position on Cannabidiol, CBD and Industrial Hemp Products

Michigan’s Michigan Medical Marihuana Act (MMMA), and the Medical Marihuana Facilities Licensing Act (MMFLA) both contain a series of new laws that are subject to interpretation. As medical marijuana licensing continues, LARA (Department of Licensing and Regulatory Affairs) periodically issues opinions on various matters requiring such interpretation, and recently this included the issue of CBD.

It is the opinion of LARA that the possession, purchase, or sale of CBD must be done in compliance with the MMMA and MMFLA. This means CBD can only be purchased, used or possessed by Michigan medical marijuana licensees.

By way of background LARA advisory suggests that the cannabis plant has over 100 cannabinoids and included among them is CBD. These cannabinoids are found primarily in the flowering tops, resin, and leaves of the cannabis plant. However, CBD is found in only trace amounts within the seeds or the mature stalks.

Drug Dealers in Michigan could be Held Criminally and Civilly Liable

Published on: January 3, 2018 | by Patrick Barone

Drug Dealers in Michigan could be Held Criminally and Civilly Liable

Under federal law, all states can charge a drug dealer with causing the death of a person if the person they sold the drugs to experiences an overdose and dies as a result. But whether the individual states enforce that law and what drugs are eligible for laying charges really lies with the district attorney in any one state. In Michigan, law enforcement and the state’s prosecution does not hesitate to invoke the law, meaning that drug dealers there could face severe punishment in the case of overdoses.

Cases in Michigan become prevalent even before the fentanyl crisis that is now hitting the country reached its peak. During the years of 2010 to 2013, there were 75 convictions in Michigan that sent drug dealers to prison after their drugs caused an overdose resulting in death or serious injury.

And while some Michigan counties, such as Wayne County in Detroit, still have not filed one drug-related homicide charge, it does not mean it could not happen. As the opioid crisis continues, these are areas that could begin to see more charges being filed and more prison time being served.

How Much Money Will I Need to Obtain a Commercial Michigan Medical Marijuana License?

Published on: November 9, 2017 | by Patrick Barone

How Much Money Will I Need to Obtain a Commercial Michigan Medical Marijuana License?

You will need a minimum of $150,000.00 and as much as $500,000.00 of both liquid and non-liquid assets combined. Many observers believe that these numbers are way too low, and this is because after obtaining a license, the licensee must then run a successful business. As a licensee, this means that in addition to obtaining a license, you subsequently will have all the associated business costs, such as rent, insurance and labor, not to mention security, legal and accounting costs, just to name a few.

Also, if you are hiring one or more professionals to assist you preparing for and/or applying for your commercial medical marijuana license, these fees would also need to be added to LARA’s projected capital requirements.

The $150,000 – $500,000 number is based on a recent LARA advisory bulletin. When the bulletin was first released there was an open question as to whether these assets had to be liquid, or if investments, including retirement accounts, would count toward this assessment? A subsequent clarification from LARA indicated that:

Using Medical Marijuana While on Bond for Drunk Driving

Published on: November 7, 2017 | by Patrick Barone

Using Medical Marijuana While on Bond for Drunk Driving

If you are charged with drunk driving in Michigan, then the clear majority of judges will require that you abstain from all alcohol and all illegal drugs. This will be a condition of your bond, and to be sure that you are compliant with your bond, you will be tested, usually randomly, for both alcohol and drugs.

If you are a medical marijuana user, then these bond conditions present a special problem for the courts because you have the lawful right to use marijuana. However, marijuana remains a schedule I drug at both the state and federal levels. This means it is an illegal drug that you can use legally.

Because this is a legal gray area, courts differ relative to their willingness to allow a person who is on bond to continue using medical marijuana. Some courts allow this while others do not. Your attorney can help you determine what is likely in your case.