Expert Legal Defense to Drug Crimes
There is a tremendous amount of advertising for Marijuana or Cannabis Legal Defense Groups. These ads are funded by lawyers who claim to have expertise as a result of an affiliation with the marijuana groups. Just because a lawyer has an association with a cannabis or medical marijuana group does not mean that lawyer has any specialized knowledge or experience. It just means he or she has paid an advertising fee to say there is or they belong to an association. You cannot find lawyers who are more experienced or successful in defending marijuana and medical marijuana cases than the team with LEWIS & DICKSTEIN, P.L.L.C. We have decades of experience defending these cases and have an unparalleled track record of achieving extraordinary results. Our clients do not get lost in the crowd as each individual case is treated with the utmost care. Rest assured that our firm is well versed in all of the laws related to any drug crime.
Aggressive Legal Protection
Whether you are a medical user or caregiver, the legal system regarding marijuana is complicated. Law enforcement officials, prosecutors, and judges do not agree with many of the new laws and therefore act as if these protections do not exist and entangle individuals in a legal battle. LEWIS & DICKSTEIN, P.L.L.C. is the experienced law firm needed if you are charged with drug-related crimes in Oakland, Macomb, Wayne, Livingston, Washtenaw Counties or anywhere in Southeastern Michigan. Our experienced and battle tested lawyers are not afraid to challenge a biased court system, a forceful prosecutor, or persistent law enforcement agency to help you keep your freedom.
Defenses Under the Michigan Medical Marihuana Act
The original Michigan Medical Marihuana Act (MMMA) was passed in 2008. New laws are proposed regularly and several are being considered in the Michigan legislature. For example, on September 20, 2016, Gov. Rick Snyder signed three bills into law that created a regulatory system for medical marijuana businesses, along with new protections for patients. The essence of the Act is that a “qualifying patient” may obtain a certification from a physician and a “registry identification card” from the State Department of Community Health, which will authorize the patient to avoid prosecution and other penalty for cultivating up to twelve marihuana plants and a combined total of 2.5 ounces of raw medical marijuana and “usable marihuana equivalents.” One ounce of dried cannabis is equal to 16 ounces of marijuana-infused product if in a solid form, 7 grams of marijuana-infused product if in a gaseous form, or 36 fluid ounces of marijuana-infused product if in a liquid form.
A “primary caregiver” can get authorization to lawfully cultivate and distribute to patient’s marihuana from up to twelve marihuana plants per each patient with whom the caregiver is formally associated. A caregiver may cultivate marihuana for, and sell to, not more than five patients (i.e., not more than 60 plants). A caregiver who is also a patient, may cultivate up to twelve additional plants for personal consumption. A new status has been created in Michigan called a “transporter.” A transporter is someone who moves medical cannabis and medical cannabis products between businesses.
There are two defenses set forth in the MMMA, Section 4 and Section 8. New cases are decided on a regular basis that further define and clarify how these defenses operate. A Section 4 Defense provides qualified registered patients broad immunity from “arrest, prosecution, or penalty in any manner” if certain foundational facts are true. Section 8 provides a limited protection for the use of medical marijuana in criminal prosecutions, which requires dismissal of the charges if all the elements of the defense are established, this is even for an unregistered patient. A defendant who moves for the dismissal of criminal charges under section 8 must raise the defense in a pretrial motion to dismiss and for an evidentiary hearing. The foundational requirements for both defenses requires specialized knowledge and skill to establish. The MMMA defense lawyers with LEWIS & DICKSTEIN, P.L.L.C. have the skill, experience and reputation to put forth a viable and credible defense.
Operating Under the Influence of Medical Marijuana
The protections of the Michigan Medical Marihuana Act extend to a registered qualifying patient who internally possesses marihuana while operating a vehicle unless the patient is under the influence of marihuana. Officers must be able to articulate facts that support a finding of probable cause that a registered qualifying patient is under the influence of marihuana in order to arrest a registered qualifying patient for Operating Under the Influence of Marijuana
It is our job to know the laws and how they will work for you. We craft a strong defense for you and that is our primary focus. We will provide strong guidance and strategy. We will stand up for you and defend your rights. We are recognized throughout Michigan as one of the toughest firms that will battle the legal system for you.
Your Best Defense for Any Drug Related Crime
Take a moment to call our office at (248) 263-6800 to see how we can help you. The law firm of LEWIS & DICKSTEIN, P.L.L.C. will stand up for you and defend your rights. We are recognized throughout Michigan as one of the toughest firms that will battle the legal system for you. Complete a Request for Assistance Form and an experienced criminal defense attorney will promptly contact you.