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Michigan Cannabis & Marijuana Law Questions & Answers
1 Answer | Asked in DUI / DWI, Cannabis & Marijuana Law, Civil Rights and Medical Malpractice for Michigan on
Q: I'm being indefinitely deprived of First, Fifth, Sixth, Eighth, Ninth, and Fourteenth Amendment Rights. What do I do?

I was told the charges I plead "guilty*" to carried a "two year maximum"... That was 18 years ago, and I'm still being cruel and unusually punished indefinitely why? On multiple occasions, I repeatedly tried to explain my medical use of the plant, as my only form of genuine... View More

James L. Arrasmith
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answered on Jul 28, 2024

You’re facing a complex and serious situation that seems to involve potential violations of your constitutional rights. It’s essential to gather all your legal documents, including court transcripts and records of the charges and sentencing. Having these documents organized will help clarify... View More

1 Answer | Asked in Cannabis & Marijuana Law for Michigan on
Q: hello i am trying to get the definition of illegal marijuana in the state of michigan from 2002. can you please help me
T. Augustus Claus
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answered on Sep 18, 2023

In 2002, the state of Michigan had laws in place that prohibited the possession, use, and cultivation of marijuana for recreational purposes. At that time, the possession, use, and sale of marijuana were generally illegal under Michigan law, and those found in violation of these laws could face... View More

1 Answer | Asked in Cannabis & Marijuana Law and Domestic Violence for Michigan on
Q: Can I get a medical marijuana card and use in wayne county michigan while on probation for misdemeanor domestic violence

I'm fighting a false charge of misdemeanor domestic violence that I was put on probation for. I want to know if I can get a medical marijuana card so that I can use marijuana edibles for pain and sleep purposes, while I am on probation without getting in trouble.

T. Augustus Claus
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answered on Aug 9, 2023

In Michigan, medical marijuana use is allowed under state law for qualifying patients with a medical marijuana card. However, if you are on probation, the rules can vary, and it's important to consult with your probation officer or legal counsel to determine how using medical marijuana may... View More

1 Answer | Asked in Cannabis & Marijuana Law and Federal Crimes for Michigan on
Q: I mailed two small tins of cannabis salve to my sister in another state. Just received message package seized my law

Mailed because she broke her hip and in pain

Brent T. Geers
Brent T. Geers
answered on Apr 22, 2023

Not sure what your question is, but marijuana and it's byproducts are still largely unlawful under federal law, hence probably the USPS response you received.

2 Answers | Asked in Business Formation, Business Law, Cannabis & Marijuana Law and Civil Litigation for Michigan on
Q: Hello I had somebody give me money to start a business that never got off the ground.

Business never got into full swing. Problems on top of problems and no more money to continue forward. It never got off the ground, am I required to give the money back ? I never signed anything and only talked about hoping it would be successful. It never made it to an official business and it was... View More

Cesar Mejia Duenas
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answered on Jan 6, 2023

Hi, keep in mind that in addition to written agreements, there are also verbal agreements that may be legally enforceable, provided there is an offer, an acceptance, and consideration. Whether you are required to return the funds depends on what were the terms of the agreement.

The other...
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1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Michigan on
Q: What will happen now after marijuana legalization in Michigan, having a marijuana misdemeanor warrant from 2016?

I was charged with possession of marijuana, i was pulled over, officer said he smelled marjijuana, i told him i forgot i had a grinder in my council and not in the back in a lock box, I had my medical marijuana card, since it was not locked up, I gave him the grinder, he charged me with possession... View More

Brent T. Geers
Brent T. Geers
answered on Aug 3, 2022

Great question! Like many changes in the law, it remains to be seen what will happen in situations like yours. Best thing to do is contact the court. If there is a valid warrant for you, you may be arrested on it, so it's important to address it. And what matters is whether your actions were... View More

1 Answer | Asked in Cannabis & Marijuana Law for Michigan on
Q: Can I use marijuana as a promotional item in states where recreational marijuana is legal? Adults only

Example, buy a combo meal and get a free joint

Brent T. Geers
Brent T. Geers
answered on Mar 1, 2022

You would need to inquire with each state you propose to operate in. Generally though, you can't give away controlled substances or alcohol.

1 Answer | Asked in Cannabis & Marijuana Law for Michigan on
Q: Will I be able to to deliver for doordash/ubereats because of a misdemenor?

.

Brent T. Geers
Brent T. Geers
answered on Feb 25, 2022

I don't see why not. Depends on the misdemeanor, I would guess.

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Michigan on
Q: If a Misdemeanor marijuana possession charge from 2013 is just now going into pre-trial, will it be dismissed?

A possession charge from 2013 was never taken care of. On a trek to take care of old stuff, it was assigned a pre-trial/arraignment date. How likely is it that the judge will dismiss the case given the current legality of marijuana in the state?

Brent T. Geers
Brent T. Geers
answered on Dec 23, 2021

Wow! Haven't seen one of those in awhile. The court would not have to dismiss it, because it sounds like it was charged at the time and just not addressed. However, I would imagine the prosecutor will be very interested in resolving this favorable and quickly.

1 Answer | Asked in Cannabis & Marijuana Law for Michigan on
Q: Can you smoke weed on probation in michigan with a legal medical marijuanna card
Brent T. Geers
Brent T. Geers
answered on Oct 15, 2021

Legally? Possibly. I still would not advise you do it though, as you might raise more attention for yourself then you need right now.

1 Answer | Asked in Cannabis & Marijuana Law, Criminal Law and DUI / DWI for Michigan on
Q: Can I use medical marijuana on bond?

I understand the Michigan supreme court ruled individuals on probation can legally use medical marijuana. I have looked and I cannot find if this ruling would apply to individuals on bond.

Brent T. Geers
Brent T. Geers
answered on Oct 11, 2021

There is a court of appeals case that says that you can. Tread carefully though....there can be a difference between what the court of appeals says the law is, and what individual judges determine it to be.

1 Answer | Asked in Cannabis & Marijuana Law for Michigan on
Q: I live on 80 acres in the middle of the Hiawatha National forest with no neighbors in very rural Upper Peninsula.

Property is heavily wooded, house and pole barn are 1000 ft off the road and only driveway in is gated. Do I still have to have my 12 marijuana plants in a locked facility outside?

Brent T. Geers
Brent T. Geers
answered on Oct 11, 2021

Check with a local attorney to be sure but I am unaware of any exception to that rule.

1 Answer | Asked in Appeals / Appellate Law, DUI / DWI and Cannabis & Marijuana Law for Michigan on
Q: What can be done if a judge in MI is ignoring the court of appeals decision that allows mmj patients to use on probation

My disabled husband was arrested for DUI and took a plea to a lesser charge because it seemed like all he could do. He took the plea with the understanding that it would not prevent him from using medical Marijuana as a brain tumor patient. The judge in lapeer County is not allowing him to use... View More

Brent T. Geers
Brent T. Geers
answered on Sep 23, 2021

That judge is not the only one...what can be done? Appeal a revocation or sanction of probation.

While it sounds like you are disappointed in the case outcome, DUIs can be tough to defend. If your husband was driving, and his BAC was over 0.08...I'm not sure what benefit going to trial...
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1 Answer | Asked in Cannabis & Marijuana Law and DUI / DWI for Michigan on
Q: I got a DWI a few months ago and i have my green card. Judge said not illegal drugs, can i still use marijuana?
Brent T. Geers
Brent T. Geers
answered on Jun 22, 2020

You should ask your lawyer or the probation officer. Most courts prohibit medical marijuana while on bond or probation.

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