Transporting or Possessing Usable Marijuana Improperly Can Result in Criminal Charges
Michigan has legalized recreational marijuana; however, many police officers and prosecutors disagree with the change in Michigan law. It takes a highly reputable, strong defense lawyer to fight these charges in court successfully.
While smoking or consuming marijuana while driving is illegal, transporting marijuana and marijuana products is not illegal in Michigan. Individuals can legally have up to 2.5 ounces of recreational marijuana on their person, including in their vehicle. It is highly recommended that recreational marijuana be stored in the trunk of your vehicle. If your car doesn’t have a trunk, it is best to keep it in a locked container and out of the driver’s reach. It is best to avoid a confrontation with the police or a dispute about whether the driver was consuming or had recently consumed marijuana.
Frequently Asked Recreational Marijuana Questions
Can I smoke marijuana while driving?
No. It is illegal to drive while driving. If you smoke before driving and you are stopped by the police, you could be charged with Operating While Under the Influence or Operating With the Presence of Drugs (OWPD). It is also illegal for a passenger to smoke while the car is moving.
If marijuana is located in my car, but it is not mine, can I be in trouble?
Yes. Michigan recognizes a form of possession called “constructive possession.” Constructive possession means that something can be possessed by multiple people at one time. To “possess” means to have physical possession or otherwise to exercise dominion or control over tangible property. The police can easily claim that if you are in possession of a car, you possess anything within the car.
If I drive with a child in the car after smoking marijuana, is that a more serious charge than OWPD?
Yes. In addition to being charged with Child Endangerment.
If I am convicted of operating under the influence of marijuana, will my insurance rates go up?
Most insurance carriers treat driving under the influence of marijuana, the same as operating under the influence of alcohol. The insurance company will either raise your rates or cancel your coverage.
If the interior of my car smells like marijuana, does that give the police the right to search it?
Yes. Under Michigan law, the smell of recently smoked marijuana can form the basis of a legal search of your car or an investigation to determine if you were driving under the influence.
Should I refuse to take a chemical test to see if I’m under the influence of marijuana?
Probably yes. Refusing to submit to a chemical test upon the lawful request of a law enforcement officer would be a violation of Michigan’s Implied Consent laws and may result in a 1-year suspension of your driver’s license.
What is the legal limit for THC? Like .08 BAC for alcohol cases.
No defined amount of THC automatically establishes intoxication. Because there is no predetermined limit, any level of the active chemical in marijuana — tetrahydrocannabinol (THC) — detected in the bloodstream is enough for authorities to consider charges of driving under the influence.
Criminal Defense Attorneys That Can Help With the Michigan Marijuana Laws
The Michigan legislature seems to be changing laws regarding marijuana regularly. It takes a true criminal law specialist to understand and stay current with existing laws. LEWIS & DICKSTEIN, P.L.L.C. has specialized in criminal defense since its inception. The firm’s attorneys take great pride in the ability to help people facing criminal charges. Every one of the firm’s clients is given a premier defense. Our attorneys have dedicated their careers to representing people facing felon and misdemeanor criminal charges, including marijuana charges. LEWIS & DICKSTEIN, P.L.L.C. takes its integrity, reputation, and success record very seriously.
Call us today at (248) 263-6800 for a free consultation, or complete a Request for Assistance Form and we will contact you promptly.