What Were the Warren Ordinances?

There were two requirements contained in a Warren ordinance that were in issue in this case. The ordinance applied to medical marijuana growers who grow in their own residential home. The ordnance required the growers to;

1) Register with the Department of Building and Safety Engineering and to pass a safety inspection for electrical, heating, plumbing, storage, and disposal of materials from marijuana, and

2) The home must have filtration for its ventilation system to prevent the emission of odors for neighboring properties, and the home must be inspected and meet the satisfaction of the Department of Buildings and Safety Engineering.

Violations of these ordinances were misdemeanors, punishable by up to 90 days in jail and fines.

The Court of Appeals Ruling

The Court ruled that these Warren ordinances were preempted by the Michigan Medical Marijuana Act. Preemption is a legal doctrine that comes into effect when two laws directly conflict with each other. When two laws are in conflict, a Court will look to see which law is superior to the other law. For example, a federal law is superior to a state law, and a state law is superior to a township law.

In this situation, the Court ruled that the MMMA was the superior law. The Warren ordinance is a city law, while the MMMA is a state law.

The Warren ordinance applies a level of regulations to medical marijuana growing that is in conflict with the growing requirements of the MMMA. The MMMA says marijuana must be grown in an enclosed, locked facility. The Warren ordinance creates a level of regulations over and above the MMMA requirements. Therefore, the two laws are in conflict. The MMMA, as the state law, wins.

Importance of the Case

This case follows from a case called Deruiter v. Township of Byron. The Deruiter case essentially held that municipalities could not create zoning laws that conflicted with the MMMA. Many municipalities have tried to “zone out” medical marijuana. Warren was one of those municipalities. The 37th District Court of Warren and the Macomb County Circuit Court ruled in favor of the medical marijuana grower in this case (which is called City of Warren v. Clayton Jamers Bezy).

Warren is a large city which has not been friendly toward medical marijuana. This case was skillfully litigated by Bezy’s attorney and is a big win for medical marijuana advocates. With recreational marijuana now the reality, this case and Deruiter before it are more important than ever.

Call ArborYpsi Law

Call Sam Bernstein at 734-883-9584 or e-mail at bernstein@arborypsilaw.com.

Sam Bernstein is an Ann Arbor Attorney focusing on Criminal Defense.

ArborYpsi Law is located at 570 S Maple, Ann Arbor, MI 48103.

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What Did the Old Marijuana Board Do?

Previous to Michigan voters approving the sale and use of recreational marijuana, the board oversaw the applications for medical marijuana licenses. The board began its work last July, and approved 121 licenses altogether. Of the 121, 105 are operating. These operating licenses are 4 safety compliance facilities, 5 secure transporters, 11 processors, 31 grow operations, and 54 provisioning centers (dispensaries).

Why the Change to the New Marijuana Regulatory Agency?

The old board had some issues approving or denying licenses in a timely manner. The licensing deadline has been pushed back many times since July 2018. This was the deadline set for currently operating dispensaries to become licensed or shutdown. The extensions were necessary because licenses were not being processed fast enough. Currently, there are an estimated 60 dispensaries operating without a license.

Marijuana Landscape Changes From Medical to Recreational

On top of the delays for getting licenses out, Michigan voters decided to approve the sale and use of medical marijuana. This means the state would have to process licenses from recreational marijuana in addition to medical marijuana. Both legal frameworks for medical and recreational will still exist moving forward.

However, the recreational market will be sure to add to the number of businesses hoping to get licenses. This made it necessary to create a governmental body to handle those applications.

The law that created the medical marijuana legal framework was designed with the future in mind to transition to the likely legal marijuana use and sales that seemed inevitable. We will probably see legal marijuana sold from retail stores in early 2020.

Call ArborYpsi Law

Contact Sam Bernstein at 734-883-9584 or e-mail at bernstein@arborypsilaw.com.

Sam Bernstein is an Ann Arbor Attorney focusing on marijuana law and criminal defense.

ArborYpsi Law is located at 570 S Maple, Ann Arbor, MI 48103.

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Detroit Puts Cap on Dispensaries

Detroit decided it will allow only 75 dispensaries to operate in the city. Dispensaries and processors are allowed in all industrial and business areas. The areas include midtown and downtown.

There are currently 62 dispensaries in business. Those dispensaries must obtain a license by September 15th or risk being shut down. However, the state itself has been slow to approve medical marijuana licenses and that deadline could be extended.

Court of Appeals Gets Confusing

The Court of Appeals issued an opinion in People v. Mansour that just doesn’t make sense. The case essentially would make any medical marijuana grow operation illegal.

The Court said that a caregiver only receives the protections of the MMMA when the caregiver has no unusable amount of marijuana in their possession. This includes marijuana that is drying after harvest.

Any amateur marijuana farmer knows marijuana is dried after a harvest before it is smoked. The buds cannot simply be plucked off the plant and smoked right away. The drying process is integral to the growing process. Therefore, all grow operations cannot comply with the law.

State Slowly Moves Forward with Marijuana Businesses

Almost 20 months gone by since the Michigan Marijuana Licensing Facilities Act passed. Since then, 7 licenses have been granted by the state out of 627 applications.

For the licenses, there is a dispensary and processor in Ann Arbor, a secure transport company in Lansing, and four grow operations in Chesaning, which is up north by Saginaw.

Under the law, individual communities can decide whether to allow marijuana businesses and which businesses to allow. As of now, 103 cities and townships will allow some kind of marijuana business. To put that in perspective there are a total of 1,773 townships, cities, and villages in Michigan.

Medical Marijuana v. Zoning Laws

The case of Deruiter v. Township of Byron discussed the conflict between medical marijuana and a city’s ability to enact zoning laws. The Court of Appeals ruled that the Michigan Medical Marijuana Act permits the medical use of marijuana so long as the use complies with the MMMA.

Specifically, the Court ruled that a caregiver could grow in an industrially zoned area despite a zoning ordinance otherwise, so long as the grow operation was in an enclosed-locked facility and otherwise complied with the MMMA.

The Future of Medical Marijuana?

The state recently approved medical marijuana for 11 new medical conditions. We’re about three months away from the election where Michigan voters decide on recreational marijuana. The medical marijuana law passed with over 60% of the vote, so stay tuned here for more developments.

Call us

Call Sam Bernstein at 734-883-9584 or e-mail at bernstein@arborypsilaw.com.

Sam Bernstein is a marijuana and criminal defense attorney in Ann Arbor.

ArborYpsi Law is located at 570 S Maple, Ann Arbor, MI 48103.

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Different Types of Marijuana Business Licenses

There are several different kinds of licenses:

Growing: License A – 500 plants, License B – 1,000 plants, License C – 1,500 plants

Dispensaries – referred to as provisioning centers

Secure Transporters – they do what it sounds like

Processing Centers – Makes edibles

Safety Compliance Centers – Makes sure the weed is top notch

Michigan Cities Allowing Marijuana Business Licenses

Here is a list of the largest Michigan cities that allow marijuana businesses and what kinds of licenses. Note that this is not a comprehensive list of all cities license marijuana businesses, it is simply a list of the largest cities and townships that currently do so. There are many more smaller communities that will allow licenses, and the list will probably grow in the coming year and if/when marijuana becomes legal for recreational use.

Ann Arbor

• No Cap on any Licenses

Battle Creek

• No Caps on any Licenses

Bay City

• Grower – Class A: 25
• Grower- Class B: 25
• Grower – Class C: 25
• Processor: 25
• Dispensaries: 50
• Safety Compliance Facilities: 25
• Secure Transporters: 25

Center Line

• Grower – Class A: 5
• Grower- Class B: 5
• Grower – Class C: 5
• Processor: 15
• Dispensaries: 15
• Safety Compliance Facilities: 15
• Secure Transporters: 15

Detroit

• Dispensaries: 75
• Unspecified amount in other license categories

East Lansing

• No Caps in Licenses in any Category

Ferndale

• Dispensaries: 3
• Safety Compliance Facilities: 1

Flint

• Grower – Class A: No cap
• Grower- Class B: No cap
• Grower – Class C: No Cap
• Processor: No cap
• Dispensaries: 20
• Safety Compliance Facilities: 5
• Secure Transporters: 5

Inkster

• Dispensaries: 3
• No caps in any other license categories

Garden City

• No Caps on licenses in any category

Grand Rapids

• Secure Transporters: 53
• Total of 83 between Grower A,B,C, Processors, Secure Transporters, Safety Compliance Facilities

Hazel Park

• Grower – Class A: 3
• Grower- Class B: 3
• Grower – Class C: 3
• Processor: 3
• Dispensaries: 3
• Safety Compliance Facilities: 3
• Secure Transporters: 3

Kalamazoo

• No Caps on any Licenses

Lansing

• Dispensaries: 25
• No caps in other categories

Lansing Charter Township

• Grower – Class A: 1
• Grower- Class B: 0
• Grower – Class C: 0
• Processor: 0
• Dispensaries: 0
• Safety Compliance Facilities: 2
• Secure Transporters: 0

Lapeer

• No Caps on any Licenses

Mt. Pleasant

• Grower – Class A: 5
• Grower- Class B and C: Total of 3 between them
• Processor: No cap
• Dispensaries: 3
• Safety Compliance Facilities: No cap
• Secure Transporters: No cap

Muskegon

• No Caps on any Licenses

Orion Charter Township

• Grower – Class C: 6
• Processor: 2
• “Safety Compliance Facilities”: 2
• Secure Transporters: 2

River Rouge

• Grower: Total of 4 between A,B,C
• Processor: 4
• Dispensaries 7
• Secure Transporters: 1

Walled Lake

• Grower: Total of 3 (unspecified)
• Processor: 3
• Dispensaries: 3
• Safety Compliance Facilities: 2
• Secure Transporters: 3

Warren

• Dispensaries: 5
• Unspecified number of other licenses

Ypsilanti

• Grower: Total of 3 between A,B,C
• Processor: 3
• Dispensaries: 7

Contact us

Call Sam Bernstein at 734-883-9584 or e-mail at bernstein@arborypsilaw.com.

Sam Bernstein is an Ann Arbor Lawyer focusing on criminal defense and marijuana.

ArborYpsi Law is located at 570 S Maple, Ann Arbor, MI 48103.

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What Happened in the Case

Byron Township had a zoning ordinance prohibiting medical use of marijuana in commercial areas. The ordinance allowed medical marijuana caregiver operations in residential areas only. The ordinance referred to a caregiver grow as a home occupation.

In general, cities are certainly able to pass zoning laws that regulate land use. For example, a common zoning law would separate parts of cities into industrial and residential areas.

The MMMA of course enables caregivers to grow up to 72 plants in enclosed, locked facilities.

Deruiter was growing medical marijuana in an enclosed, locked facility in a commercial section of the Township. She was sent a cease and desist letter, and she sued the Township.

The Issue

The Court’s job was to determine whether the Township zoning ordinance or the MMMA took precedence, as the laws were in conflict with each other. The MMMA allowed medical marijuana use by those in compliance with the law, while the zoning ordinance regulated otherwise legal medical marijuana use. Deruiter could grow marijuana despite the ordinance if the MMMA takes precedence over the Township’s ordinance. Deruiter would not be able to continue her caregiver grow operation if the Township’s ordinance takes precedence over the MMMA.

The Court’s Decision

The Court ruled that the Medical Marijuana Act preempted (beats) the Township’s zoning ordinance. The MMMA and the zoning ordinance are in direct conflict with each other. Basically, the city ordinance sought to prohibit what the state law (the MMMA) allowed. Nothing in the MMMA enables a city to create zoning laws to regulate medical marijuana use.

State laws take precedence over city ordinances. Therefore, the MMMA wins when in conflict with a zoning ordinance. This case is important because it prevents cities from zoning out caregiver grow operations or other medical marijuana use governed by the MMMA.

This holding also reflects the Court’s decision in Ter Beek v. Wyoming, a similar case that relied on the same logic. However, this logic would not apply to marijuana businesses regulated by the Medical Marijuana Facilities Licensing Act.

Contact us

Call Sam Bernstein at 734-883-9584 or by e-mail at bernstein@arborypsilaw.com.

Sam Bernstein is an Ann Arbor Lawyer focusing on criminal and marijuana law.

ArborYpsi Law is located at 570 S Maple, Ann Arbor, MI 48103.

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The New Conditions

The new conditions approved for medical marijuana use include;

• Arthritis
• Autism
• Chronic Pain
• Colitis
• Inflammatory Bowel Disease
• Obsessive Compulsive Disorder
• Parkinson’s Disease
• Rheumatoid Arthritis
• Spinal Cord Injury
• Tourette’s Syndrome
• Ulcerative Colitis

Medical Conditions Denied for Medical Marijuana

The State also rejected medical marijuana use for several medical conditions. These include;

• Anxiety
• Asthma
• Brain Injury
• Depression
• Diabetes
• Gastric Ulcer
• Non-severe or Non-chronic Pain
• Organ Transplant
• Panic Attacks
• Schizophrenia
• Social Anxiety Disorder

Currently Approved Conditions

The 11 new medical conditions join the list of already established medical conditions for which medical marijuana is approved. These conditions include;

• Alzheimer’s Disease
• Amyotrophic Lateral Sclerosis
• Cancer
• Chronic Pain
• Crohn’s Disease
• Epilepsy
• Glaucoma
• Hepatitis C
• HIV/AIDS
• Nail Patella
• Post-Traumatic Stress Disorder
• Severe Nausea
• Severe Muscle Spasms, including from Multiple Sclerosis
• A Chronic or Debilitating Disease that produces Cachexia, a wasting syndrome

Future of Medical Marijuana

Currently, the State must approve the use of medical marijuana for certain health conditions. As you can see from the above lists, some health conditions are approved while others are not. This leaves those with the need for medical marijuana unable to use their medicine if the state does not deem medical marijuana suitable for their condition.

There are just under 300,000 medical marijuana

Michiganders will go to the polls in November to vote on the legal status of marijuana. Whether medical marijuana is approved for a condition will no longer matter if voters to decide to make the use and possession of marijuana legal.

Contact us

Call Sam Bernstein at 734-883-9584 or e-mail at bernstein@arborypsilaw.com.

Sam Bernstein is an Ann Arbor Attorney focusing on Criminal Defense and Marijuana Law.

ArborYpsi Law is located at 570 S Maple, MI 48103.

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What Will the New Law Allow?

In November, a ballot initiative will include the following new laws: People 21 and over can possess and use marijuana. A person can have up to 2.5 ounces in public. but may keep up to 10 ounces at home. Marijuana could not be used in public.

Marijuana would no longer be tied to medicine. Anyone (21 and up) under this law could use marijuana.

Individual communities may decide whether marijuana establishments will be allowed.

Medical Marijuana

Michigan voters approved medical marijuana overwhelmingly (63%) in 2008. Since then, medical marijuana has been the subject of seemingly endless litigation. The law was far from perfect and had enough gray areas to keep the lawyers busy for more than a while.

As of last March, Michigan has 277,752 medical marijuana patients and 43,131 signed up as caregivers for patients.

The Future of Weed in Michigan

The Michigan Legislature passed the Medical Marijuana Licensing Facilities Act which was designed to legitimize dispensaries. Licenses for dispensaries and other positions in the new medical marijuana industry were first available last December.

However, no one has actually received a license yet, in part because the regulatory framework was difficult to put in place. Read about the Slow Roll Out of Michigan’s Dispensary Law.

The MMLFA created new medical marijuana industry positions, including distributors (provisioning centers), growers, transporters, testers, and processors (for marijuana-infused products).

This law and the work involved will still be useful. The regulatory framework developed for medial marijuana can be used for regulation of legal marijuana.

Big Business

The medical marijuana dispensaries law is estimated to create $700 million revenue in sales. That number could grow to over a billion with legal weed. Compare this to Colorado, which saw $1.5 billion in sales in 2017.

The new law would come with a 10% excise tax on marijuana sales in addition to the 6% sales tax. Revenues from these taxes is estimated at $100 million. Those revenues are set to be split in the following ways: 35% to roads, 35% to education, and 15% to communities that allow marijuana businesses and 15% to counties allowing marijuana businesses.

Call Us

Call Sam Bernstein at 734-883-9584 or e-mail at bernstein@arborypsilaw.com.

Sam Bernstein is a Criminal Defense Lawyer in Ann Arbor and Ypsilanti.

ArborYpsi Law is located at 570 S Maple, Ann Arbor, MI 48103.

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Probation is a period of time following a conviction where a judge will set up requirements and prohibitions for the person convicted of a crime.

All Judges Are Different

What happens on probation is ultimately up to the judge, and all judges are different.

Some judges will allow medical marijuana use on probation without question if you have a valid card. Other judges may allow medical marijuana use, but requires a person to obtain a doctor’s note explaining the reason for marijuana use.

One gray area is where a person committed a crime but only obtained the valid card after the offense and before going to court. In this situation, the person’s ability to argue for the necessity of medical marijuana use may not as strong as is the card was obtained prior to the offense.

Other judges will not entertain the notion of medical marijuana. Some judges believe medical marijuana should not exist. Their belief is that medical marijuana is just a way people have gotten around the law to use marijuana.

It also depends on the offense. Continued use of medical marijuana after a conviction for driving under the influence of marijuana, controlled substance, or alcohol may be more difficult than after a conviction for a non-drug related offense such as retail fraud or embezzlement.

Is there a Legal Right to Use Medical Marijuana on Probation?

No, there has not been any established law that gives anyone the right to use medical marijuana on probation. In fact, there is at least one Court of Appeals decision declining to rule in favor of those wishing to continue using medical marijuana.

What Can I Do to Use Medical Marijuana on Probation?

It is essential to go into Court prepared with an argument in favor of medical marijuana use before sentencing. This argument should be backed by a letter from a doctor. There should be some documentation regarding the specific ailment you use marijuana to treat.

We can develop this plan of action at the time of the charge to ensure everything goes smoothly by sentencing. Sometimes it might be necessary to file a motion regarding medical marijuana use where a judge may be willing to allow it but is hesitant. This is something we can help you do.

Call Us

Call Sam Bernstein at 734-883-9584 or e-mail at bernstein@arborypsilaw.com.

Sam Bernstein is a Medical Marijuana Attorney.

ArborYpsi Law is located at 570 S Maple, Ann Arbor, MI 48103.

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December 15 is the first date licenses for new medical marijuana industry positions can be obtained.

Five New Marijuana Jobs

The MMFLA creates five new marijuana industry roles.

• Marijuana Growers – People licensed to grow marijuana on a much larger scale than currently allowed. Licenses will be available to growers in the amount of 500, 1,000, and 1,500 plants. In addition, it is expected that growers will be able to obtain multiple licenses. The growers can provide marijuana only to provisioning centers.
• Marijuana Processors – These people will create marijuana-infused products, such as brownies, medibles, etc.
• Secure Transporters – Drivers who store and transport marijuana products and money moved between facilities. There must be two-person crews in each vehicle.
• Provisioning Centers – The facilities providing marijuana to patients. Informally known as dispensaries.
• Safety Compliance Facilities – Laboratories testing the marijuana to determine amounts of THC, levels of pesticides, and other quality purposes.

Medical Marijuana Act v. Medical Marijuana Facilities Licensing Act

The original Michigan Medical Marijuana Act from 2008 provided for small scale production. A caregiver could grow 12 plants per patient for up to five patients, with an additional 12 plants to keep themselves.

The caregiver-patient model will not change under the new law. Caregivers growing for their patients may continue to do so.

However, the Medical Marihuana Facilities Licensing Act will make medical marijuana into a much larger business. A regulatory state complete with extensive new rules are established for the new medical marijuana business.

Marijuana Big Business

Licenses, compliance costs, and start-up capital will be expensive. The MMFLA requirements will likely keep your small-time neighborhood weed grower out of the new industry.

Eye to the Future?

Michigan voters may decide on legal weed next November. The rules going into place now may be the framework for a recreational marijuana industry.

The rules developed to regulate the medical marijuana industry are extensive. The Bureau of Medical Marihuana Regulation established 51 emergency rules on December 1. The first round of rules makes the original medical marijuana rules pale in comparison.

The original Michigan Medical Marijuana Act resulted in a decade of litigation on nearly every aspect of the law.

The ballot initiative for legal weed is currently 18 pages long.

Contact Us

Call Sam Bernstein at 734-883-9584 or e-mail at bernstein@arborypsilaw.com.

ArborYpsi Law is located at 570 S Maple, Ann Arbor, MI 48103.

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The Case Facts

Defendant had a grow operation in his garage, and police found marijuana in tin containers. The police seized the marijuana found and weighed it. The first time the police weighed the marijuana it came out to 1,195 grams. The second time the marijuana was weighed it came out to 1,069 grams. These amounts would be about twice the limit of 425.24 grams allowed. However, there was a question of whether the marijuana was usable or was drying.

A Michigan State University Professor testified the difference in weight could be due to moisture in the marijuana. As time passed, the recently harvested marijuana dried and the marijuana became lighter. This evidence showed the marijuana was in a state of drying because the evaporating moisture could account for the lightening weight.

A second issue in the case was whether the marijuana grow operation was kept in an enclosed, locked facility.

Defendant file a motion seeking dismissal of the charges based on Section 4 immunity under the Michigan Medical Marijuana Act. Section 4 allows a person to assert immunity where there is compliance with the MMMA.

The Law

The Michigan Medical Marijuana Act imposes weight limitations for usable marijuana. Usable marijuana is defined as the dried leaves, flowers, plant resin, or extract of the marihuana plant, but does not include the seeds, stalks, and roots of the plant. Marijuana when harvested is moist or wet, and must be dried before use, a process referred to growers as ‘curing.’ Moist or drying marijuana is not considered usable. Marijuana in the process of drying will not count as usable marijuana.

The First Issue – Usable Marijuana

The issue for the Court was whether the marijuana was “usable.” The weight limitations imposed by the MMMA apply only to “usable” marijuana.

The Ruling

The Court found the evidence showed the marijuana was drying rather than dried, making the marijuana unusable. Unusable marijuana doesn’t count toward the overall weight limitations under the law.

The Second Issue – Locked Facility

Marijuana grow operations must be kept in an enclosed, locked facility for a person to receive Section 4 immunity.

The grow operation was located behind two different doors with locks. The first door had two padlocks. At the time of the police search, the doors were not locked and they were keys in the locks. In addition, there were some plants sitting in plain sight in the garage.

The defendant had testified that he was in the process of transferring the marijuana to another person right at the time the search occurred. The defendant testified the transfer was taking place about two or three minutes before the search. Furthermore, the defendant stated the only reason the doors were unlocked was for the transfer.

The Court believed the defendant took extensive measures to keep the marijuana in an enclosed locked facility

In the end, the Court ruled the defendant had the protections of Section 4 immunity under the Michigan Medical Marijuana Act.

Call us

Call Sam Bernstein at 734-883-9584 or e-mail at 734-883-9584.

Sam Bernstein is an Ann Arbor Criminal Defense Lawyer.

ArborYpsi Law is located at 570 S Maple, Ann Arbor, MI 48103

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ArborYpsi Law

We can represent you in Court throughout metro Detroit and southeastern Michigan. With our office conveniently located between Ann Arbor and Ypsilanti (hence the name), we frequently appear in courts throughout Washtenaw County, including the 15th District Court, the 14A-1 District Court, the 14A-2 District Court, and the others in the county. In addition, we travel to many western Wayne County courts such as in Romulus, Plymouth, and Livonia.

Have you been charged with a Michigan drug crime? Do you think you might have a medical marijuana based defense? Call our office to discuss your options. Our everyday job is to fight cases and we look forward to defending you in court, regardless of the charge or your history. We’re not here to judge, we’re here to help you.

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Courts have been divided on whether a person on probation may use medical marijuana. Some Courts have respected the medical aspect of marijuana while others have continued to believe that marijuana is unacceptable.

Until now, there has been no comment from a higher-level court on whether a Court may restrict a person’s ability to use medical marijuana. It was just another gray area among many in the field of medical marijuana.

Unfortunately, the Court of Appeals took the view that a District or Circuit Court judge has the power to tell probationers they may not medicate. The medical marijuana community was hoping the Court of Appeals would rule the other way – that marijuana’s status under the Michigan Medical Marijuana Act meant Courts would be unable to restrict marijuana use for qualified patients on probation.

The ruling will be devastating to those patients who find themselves in a Court which takes a more traditional dim view of medical marijuana.

The case will likely be appealed, meaning the Michigan Supreme Court will have the opportunity to rule that use of medical marijuana on probation is protected by law without interference by judges.

Contact ArborYpsi Law at 734-883-9584 or at bernstein@arborypsilaw.com to speak with attorney Sam Bernstein about medical marijuana or criminal defense. We represent clients in Ann Arbor, Ypsilanti, Plymouth, and throughout the metro Detroit area.

ArborYpsi Law is located at 570 S Maple, Ann Arbor, MI 48103.

This decision has been long overdue and is welcome in the medical marijuana community.

District Courts all around Michigan have already ruled the Illegal Transportation Law to be unconstitutional, although some continued to affirm the law.

The Illegal Transportation Law provided that a person who possessed marijuana in a car must keep the marijuana in an enclosed case in the trunk of the car, or at least not readily accessible from the interior of the car if there is no trunk. Failure to follow this rule was punishable by a misdemeanor.

The law was enacted after the Michigan Medical Marijuana Act. Many viewed the law as a way to continue prosecutions against medical marijuana patients and caregivers, because even patients and caregivers otherwise in compliance could be prosecuted under the Improper Transport law.

The Court ruled that the Michigan Medical Marijuana Act preempts the Improper Transport Law, as the MMMA contains a provision which holds laws inconsistent with the medical use of marijuana do not apply to the MMMA.

Contact ArborYpsi Law at 734-883-9584 or at bernstein@arborypsilaw.com to speak with attorney Sam Bernstein about medical marijuana or criminal defense. We can represent you in courts in Ann Arbor, Ypsilanti, Plymouth, and throughout metro Detroit.

ArborYpsi Law is located at 570 S Maple, Ann Arbor, MI 48103.

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A second bill that did not pass would have allowed medical marijuana patients to consume foods that contain medical marijuana, foods known as medibles. The Michigan Court of Appeals has ruled that while the Michigan Medical Marijuana Act allows smoked marijuana, the Act does not allow for edible marijuana. This bill was supposed to correct that court ruling.

Medibles are an attractive alternative to smoking marijuana for patients who may be intolerant of smoke or who wish to avoid the health complications of smoking.

Associations involving police chiefs, sheriffs, and prosecutors worked together to defeat the bill.

The defeat of the bills goes against the spirit of the Medical Marijuana Act, which is to enable people who would benefit from the medical marijuana to use their medicine legally.

Check out ArborYpsi Law Medical Marijuana Blog.

Contact ArborYpsi Law at 734-883-9584 or at bernstein@arborypsilaw.com to speak with attorney Sam Bernstein

ArborYpsi Law is located at 570 S Maple, Ann Arbor, MI 48103.

On appeal from his conviction, Heminger argued that the prosecuting attorney on the case made improper statements that influenced the jury.

In the closing arguments of the trial, the prosecutor went on a rant against medical marijuana users and the Michigan Medical Marijuana Act, stating that the government objected to the way the law was written.

The prosecutor slammed medical marijuana users, labeling them as anti-government types who are a drain on the government and whose agenda is to create a society of stoners.

“They do nothing to support the government services they want, and have nothing but criticism for the government services they don’t want,” the prosecutor told the jury. “We’re trespassers and tramplers of their rights right up until they need us to protect them from the violence that they attract to the community.”

The prosecutor referred to the Medical Marijuana Act as meaningless, and belittled the need of those with chronic pain to use medical marijuana.

The Court of Appeals held that prosecutor’s comments were inappropriate to make during trial, ruling that the comments were, “clearly and thoroughly improper,” and were a “personal diatribe.” Because of these inflammatory statements the fairness of the trial was called into question, and the Court of Appeals granted Heminger a new trial.

Check out ArborYpsi Law’s Medical Marijuana Blog.

Contact ArborYpsi Law at 734-883-9584 or at bernstein@arborypsilaw.com to speak with attorney Sam Bernstein.

Legal Disclaimer

This Court of Appeal’s case is actually a combination of three lower court cases, including Kemp v. Hayes Green Beach Hospital, which appeared in an earlier Blog article on this website.

In each of the three cases, an employee was fired after testing positive in a drug test for marijuana. Each employee had a medical marijuana card. In no case was it alleged that the employee was using the medical marijuana in any way not allowed by the Michigan Medical Marijuana Act.

The Michigan Medical Marijuana specifically provides immunity from, among other things, penalties of a civil nature.

The Court here ruled that the denial of unemployment benefits is a penalty from which the MMMA sought to provide immunity. Therefore, employees fired for using medical marijuana cannot be denied unemployment benefits in future cases.

Check out ArborYpsi Law’s Medical Marijuana Blog for developments in the law

Contact ArborYpsi Law at 734-883-9584 or at bernstein@arborypsilaw.com to speak with attorney Sam Bernstein

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Dispensaries in Flint will be subject to zoning laws and high licensing fees. The Flint City Clerk has said that the dispensaries opened before the moratorium went into effect would be allowed to remain in their current locations.

For the past year a proposed law has stalled in state government that would enable cities to permit dispensaries in their communities.

Contact ArborYpsi Law at 734-883-9584 or at bernstein@arborypsilaw.com to speak with attorney Sam Bernstein.

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PTSD is an anxiety disorder that results from a traumatic event, such as a wartime experience.

To use medical marijuana a person must be certified from a physician as suffering from what the law labels a debilitating medical condition.

The current list of conditions includes glaucoma, HIV/AIDS, hepatitis C, Crohn’s disease, nail patella, agitation of Alzheimer’s, and amyotrophic lateral sclerosis, as well as treatments for these conditions that produce negative side effects.

Individuals may file a petition to add medical conditions to this list. The petition is considered by the Medical Marijuana Review Panel, a group of doctors and medical professionals.

If the panel reaches a quorum in favor of the petition, then a recommendation is made to the director of the Department of Licensing and Regulatory Affairs, who has the final say in whether the condition is included in the law.

Past conditions that have been the subject of petitions and denied include asthma, autism, Parkinson’s disease, insomnia, and manic depression. A petition for PTSD had previously been denied.

Contact ArborYpsi Law at 734-883-9584 or at bernstein@arborypsilaw.com to speak with attorney Sam Bernstein.

Read Information on Crimes Charged in Michigan

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Previous challenges to city zoning laws regarding the MMMA, such as in Ter Beek v. City of Wyoming, were based on a city’s attempt to ban medical marijuana activity because federal law makes such activity illegal.

Last year, an Ypsilanti Township couple was charged with growing marijuana in their home in an amount in excess of that allowed by the city zoning ordinance regulating.

Related: Michigan Court of Appeals Strikes Down Zoning Ordinance Prohibiting Medical Marijuana Use

The couple asserted that the Michigan Medical Marihuana Act protects them from the zoning ordinance. The MMMA permits qualifying patients to use marijuana for medical conditions and for registered caregivers to grow and provide marijuana to patients, under certain conditions. Qualifying patients may grow up to 12 marijuana plants for personal use and caregivers may grow up to 72 plants for patients and themselves.

The MMMA does not address city zoning laws. The Ypsilanti Township zoning code permits patients to grow marijuana in residential areas but not caregivers.

The MMMA, the couple argued, preempts local ordinances. Preemption is where one law is given effect over another law when two laws are in direct conflict. This argument would make the zoning ordinance unenforceable.

The Circuit Court ruled against the couple, stating that,“there are no provisions in the MMMA that prohibit municipalities from adopting zoning ordinances regulating where medical marijuana caregivers can grow and dispense marijuana for other patients.”Contact ArborYpsi Law at 734-883-9584 or at bernstein@arborypsilaw.com to speak with attorney Sam Bernstein.

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The bill envisions legal dispensaries, which it refers to as “medical marihuana provisioning centers,” as wells as establishments called safety compliance facilities, where marijuana would be tested for safety. The centers would be exempt from criminal and civil prosecution and penalties so long as all state and municipal laws are followed.

The bill outlines a range of regulations for the centers. For example, marijuana products would be labeled with health warnings. Employees of the centers must be over 21 and not have a felony conviction within ten years prior to employment. Centers would have to keep records to ensure that no more than the permitted amount of marijuana is sold.

Centers would be subject municipal ordinances that would be more community specific and comprehensive than state law. Such ordinances would include zoning laws and licensing requirements. Cities would have the option to ban the centers altogether.

Related: The Michigan Supreme Court Decides The Fate of Michigan Medical Marijuana Dispensaries

Contact ArborYpsi Law at 734-883-9584 or at bernstein@arborypsilaw.com to speak with attorney Sam Bernstein.

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In November 2010, Wyoming, Michigan, a town of about 70,000 people in suburban Grand Rapids, enacted a zoning ordinance that prohibited any land use that would be illegal under federal law, with the express purpose of prohibiting medical marijuana use.

The Michigan Medical Marihuana Act permits qualifying patients to use marijuana for medical conditions and for registered caregivers to grow and provide marijuana to patients. However, the federal Controlled Substances Act prohibits marijuana use and cultivation.

Related: The Washtenaw County Circuit Rules That City Zoning Laws Are Not Preempted By The Michigan Medical Marihuana Act

Plaintiff Ter Beek, a qualifying patient under the MMMA, challenged the zoning ordinance, arguing that the MMMA should preempt the zoning ordinance because the two laws are in direct conflict, as the MMMA is a state law and the zoning ordinance is a city law. The City of Wyoming responded that the ordinance was not preempted by the MMMA because the ordinance enforced federal law set forth in the Controlled Substances Act.

The trial court found that the CSA preempted the MMMA, as the two are in conflict, and declined to decide whether the MMMA preempted the ordinance.

Preemption is where one law is given effect over another law when two laws are in direct conflict. The law from the superior government is the law that is given effect. Therefore, federal law preempts state law, and state law preempts city law.

Based on these principles, the Court found that the MMMA preempts the city ordinance to the extent that the ordinance seeks to penalize activity permitted by the MMMA.

Addressing Wyoming’s argument, the Court found that the CSA would not preempt the MMMA here because the two laws are not in direct conflict. The MMMA grants immunity and defenses from penalties from the state government, and does not purport to grant immunity or defenses from federal prosecution. Moreover, states are not bound to enforce federal law.

The Court of Appeals found for Ter Beek, ruling that Wyoming’s ordinance is void and unenforceable to the extent that it punishes medical use of marijuana in compliance with the MMMA.

Contact ArborYpsi Law at 734-883-9584 or at bernstein@arborypsilaw.com to speak with attorney Sam Bernstein.

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