In February, 2014, the Michigan Supreme Court issued a unanimous opinion that local communities are forbidden from outlawing the use of medical marijuana in their jurisdictions. Many cities and townships have legalized medical marijuana. Those that have not will need to review their current law.
STATE POSSESSION OF MARIJUANA MAY BE LEGAL DESPITE FEDERAL LAW
The decision also states that it is not impossible for municipalities to comply with federal and state marijuana law. Because last year the Justice Department made it clear that it would not block states from easing their laws regarding both the medical and recreational use of marijuana. However, there are circumstances that the federal government will step in and those are generally with huge amounts of marijuana, use of weapons or violence resulting from being involved with marijuana use, sale or growing. Please see our previous Blog
on that issue.
The Michigan Supreme Court held that is a municipality bans marijuana, it is in direct conflict with the Michigan Marihuana Act, and that conflict violates the separation of powers provision of the Michigan Constitution.
BLOOMFIELD HILLS, BIRMINGHAM AND OTHER JURISDICTIONS CANNOT RESTRICT MEDICAL MARIJAUAN
Bloomfield Hills, Birmingham, Wyoming and Livonia have laws heavily restricting or completely banning all marijuana use. Williamston had banned all marijuana usage, but has now amended its law to comply with the high court’s opinion. Delta Township has reviewed the potential licensing of caregivers and have decided to grant these licenses. There are a few communities that have stated anything illegal at the federal level would be illegal within that community. However, Lansing and Jackson have recently passed laws preventing prosecution of residents for the use of marijuana in their homes, even recreationally.
It is pretty clear that Michigan is becoming much more tolerant of marijuana usage.
MICHIGAN CRIMINAL DEFENSE ATTORNEY WITH EXPERIENCE IN ALL MARIJUANA RELATED OFFENSES.
If you, or a loved one, is facing a marijuana or drug charge (felony or misdemeanor) it is important that you have expert legal representation. You face the possibility of incarceration, extensive probation with a multitude of conditions, substantial fines and costs and driver license problems. It is important that you make sure that all your rights are protected and all possible defenses are utilized. The attorneys at LEWIS & DICKSTEIN, P.L.L.C.
have decades of experience practicing exclusively in the area of criminal defense. If you have any questions please contact us at (248) 263-6800
or complete a Request for Information Form
and one of our attorneys will contact you.
“We Are Not Afraid To Win”
LEWIS & DICKSTEIN, P.L.L.C.