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Michigan Cannabis & Marijuana Law Questions & Answers
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 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 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 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... Read 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...
Read more »

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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