It is important to keep in mind that just because medical marijuana has been made legal in the state of Michigan, this does not mean that anyone can grow and sell marijuana without repercussions.
New acts and laws make certain activity related to medical marijuana legal, but they also create a framework for marijuana regulation. If a person violates these regulations, they are subject to prosecution at the state level and by the Department of Justice.
If a business or a person unlawfully grows or sells marijuana, they likely will be prosecuted. Remember that "unlawfully" in this context means violating either the letter or the spirit of the MMMA. Unlawful medical marijuana sales in Michigan often result in the arrest of the individual who is selling the marijuana illegally. If you have been charged with a medical marijuana offense, speak to a qualified medical marijuana lawyer who can fight for you.
Controlled Substance ActIt is important to remember that the Department of Justice will pursue civil or criminal actions under the Controlled Substance Act (CSA). So, if someone does not follow proper marijuana regulations, they could face arrest and prosecution at the federal level, just as if they were a street level drug dealer.
State prosecutors have taken a similar stance. Because of the way that double jeopardy laws work, it is even possible to be prosecuted and convicted at both the state and federal levels for the same crime. For example, someone could get arrested for illegal manufacturing, distribution, or possession or delivery (sale) of a controlled substance (in this case, marijuana). The reverse is also true, and in one interesting Michigan case the Court of Appeals found that the uncompensated transfer of marijuana between patients constitutes the medical use of marijuana as permitted by the MMMA.
Actions and Offenses That Can Lead to ArrestThere are a myriad of crimes and charges connected to unlawful medical marijuana sales in Michigan, that can also lead to an individual getting arrested. Someone could also face an arrest for knowingly opening, leasing, renting, or maintaining a property that will be used to grow, distribute, or store illegal drugs. Manufacturing or distributing controlled substances within 1,000 feet of public housing facilities and within 100 feet of youth centers is another crime an individual could be charged with.
Also, individuals can be charged with using a communication facility to violate the CSA at the felony level. Then there is the conspiring to commit a crime against the CSA charge. People could also face charges for money laundering related to controlled substances.
Necessity of a LawyerIt is important that if you want to work with marijuana that you do so legally. It may be necessary for you to hire an experienced medical marijuana attorney to assist you in this endeavor. As long as you obtain the proper license and follow the regulations set forth by the government, then you should be able to do so without any adverse legal consequences. When it comes to unlawful medical marijuana sales in Michigan, it is important for you to know that just because you are following state law, this does not necessarily mean you are protected from arrest or prosecution for violating a federal law. A skilled medical marijuana lawyer can attempt to defend you from federal charges, and can fight for you.