Who can legally use marijuana in Michigan?
The Michigan Medical Marijuana Act provides an affirmative defense for the use and possession of marijuana within the state. Under the act, an allowance that was made for individuals living with pain associated with cancer, Crohn’s disease, HIV or AIDS, PTSD, seizures, Hepatitis C, and other debilitating health conditions. There are limits to how much medical marijuana a patient can possess, how and where the marijuana is grown, even stipulations addressing caregivers who may be growing, selling, and transporting the medical marijuana to a patient. Drug crime punishments are outlined in the Michigan Penal Code, Sections 333.7401 and 333.7403, which clearly state that to possess or sell a controlled substance is illegal. The Medical Marijuana Act provides an affirmative defense to these charges.
Make no mistake – just because medical marijuana can be possessed by card-carrying citizens in the state of Michigan does not mean that prosecutors are lax when it comes to prosecuting alleged illegal use of marijuana in the state. There are countless examples of prosecutors charging medical marijuana patients and caregivers and claiming that their defense is not valid because of some technicality in the law. Without a valid medical marijuana card, the accused face the real possibility of jail or prison time, along with hefty fines and a suspension of driving privileges. Prosecutors will often look for any proof that the accused was manufacturing or intended to sell the marijuana, resulting in an even harsher punishment and a potential felony conviction.
The amount of marijuana found at the time of arrest, past record of drug-related offenses, as well as the type of marijuana (flower versus infused) all impact the degree of jail time and the charges. Typically, a defendant caught using marijuana without intent to sell with be charged with a misdemeanor and without an aggressive attorney to negotiate, may face up to one year in jail with accompanying fines. You risk a lot by of opting for a cheaper, less experienced attorney team. Is that a risk you can afford to take?
Do I need to proactively hire an aggressive attorney to defend me against charges?
Yes! The State of Michigan prosecutes drug crimes aggressively. LEWIS & DICKSTEIN, P.L.L.C. is a tenacious, trusted legal firm in Michigan that boasts a successful track record with drug related crimes. Leave your freedom in the hands of trusted professionals who know how to win. With decades of experience representing clients who have stood in your same shoes, we know what works and what doesn’t in fighting for dropped charges or a minimized sentence.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form, and we will promptly contact you.