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Illegal Transportation of Marijuana Law Struck Down

December 21, 2016 Medical Marijuana

The Michigan Court of Appeals has determined the Illegal Transportation of Marijuana law is invalid.

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 4158 Washtenaw Ave., Ann Arbor, MI 48108.

Call 734-883-9584 for ArborYpsi Law