Michigan K-12 students could take medical marijuana to school

Michigan K-12 students could take medical marijuana to school

Students attending K-12 schools in Michigan would have the opportunity to utilize medical marijuana and CBD-infused products thanks to recently introduced legislation (2023-HIB-5063).

The bill, introduced by Democratic representatives in the Michigan House last week, aims to legalize the consumption of marijuana-infused edibles, beverages, and other products with minimal THC content by students on school premises or while riding a school bus.

A designated staff member will have the authority to administer the product, while only those with written permission specifying the appropriate timing and recipients will be permitted to ingest it. Examples of such instances include rescue medication for the relief or prevention of symptoms.

The goal is to improve access to medical marijuana for students who meet the required qualifications, thereby enhancing their accessibility.

It’s a clear demonstration of the state’s commitment to align its policies with the wide range of drugs that vary in legal status within Michigan.

FAQs 

Q: What is the purpose of Michigan legislation 2023-HIB-5063?

A: The purpose of Michigan legislation 2023-HIB-5063 is to require school districts to provide medical marijuana to students who have a medical marijuana card and whose parents or guardians have consented to their use of medical marijuana.

Q: Who is eligible to receive medical marijuana under the legislation?

A: Students who have a medical marijuana card and whose parents or guardians have consented to their use of medical marijuana are eligible to receive medical marijuana under the legislation.

Q: How would medical marijuana be administered to students under the legislation?

A: The legislation would require school districts to designate a school nurse or other qualified school employee to be responsible for administering medical marijuana to students. The legislation also requires school districts to develop a policy for the administration of medical marijuana to students.

Q: Are there any restrictions on the use of medical marijuana by students under the legislation?

A: Yes, there are some restrictions on the use of medical marijuana by students under the legislation. For example, students would not be allowed to use medical marijuana during school hours or during school-sponsored activities.

Q: When would the legislation take effect?

A: If the legislation is passed and signed into law, it would take effect on September 30, 2024.

Additional information:

  • The legislation was introduced by Representative Dylan Wegela on September 28, 2023.
  • The legislation has been referred to the House Committee on Regulatory Reform.
  • The legislation has not yet been voted on by the Michigan House of Representatives as of October 3, 2023.

Please note that this is just a summary of the legislation and does not constitute legal advice. If you have any questions about the legislation, you should consult with an attorney.

Random FAQs

Q: What is a subpoena?

A: A subpoena is a court order that requires a person to appear in court or to produce documents.

Q: What is a deposition?

A: A deposition is a sworn statement that a witness gives outside of court. Depositions are often used to gather evidence before a trial.

Q: What is a plea bargain?

A: A plea bargain is an agreement between a defendant and a prosecutor in which the defendant agrees to plead guilty to a lesser charge in exchange for a lighter sentence.

Q: What is a trial by jury?

A: A trial by jury is a trial in which a group of citizens, called jurors, decide the guilt or innocence of a defendant in a criminal case.

Q: What is an appeal?

An appeal is a process by which a party in a lawsuit asks a higher court to review a decision made by a lower court.

Q: What is a writ of habeas corpus?

A writ of habeas corpus is a court order that requires a person who is being held in custody to be brought before a judge so that the legality of their detention can be determined.

Q: What is a Miranda warning?

A Miranda warning is a warning that police officers must give to suspects before they interrogate them. The Miranda warning informs suspects of their rights, such as the right to remain silent and the right to an attorney.

Q: What is a statute of limitations?

A statute of limitations is a law that sets a time limit within which a lawsuit must be filed.

Q: What is a tort?

A tort is a civil wrong that causes harm to another person. Common torts include negligence, assault, and battery.

Q: What is a contract?

A contract is an agreement between two or more parties that is enforceable by law.

Q: What is a crime?

A crime is an act that is prohibited by law and punishable by the government.

What does Quash mean?

to say officially that something or an earlier decision, is no longer to be accepted: His conviction was quashed after his attorney argued that police evidence was all lies.

What is conviction vacated mean?

When a sentence is vacated: It legally annuls the conviction. Vacating a criminal sentence means removing that conviction from a person’s record. The record will then appear as if the person was never charged and convicted of a crime.

Why would a sentence be vacated?

Someone who has their conviction vacated are released from custody under certain conditions, such as a plea bargain being breached, proof of ineffective counsel, court bias, or another similar factor that might have impacted the outcome of the original trial.

Is vacating the same as dismissing?

‘Vacating’ or ‘setting aside’ is used when referring to nullifying a specific judgment from the judge (in this case, a guilty or ‘no contest’ judgment).

‘Dismissing’ applies to the entire case. It means that the case is thrown out for reasons other than its factual merits.

Does vacated mean innocent?

Winning the motion to vacate doesn’t mean that this is the end of the matter. The conviction or sentence is canceled as if it never existed, but the court doesn’t close your case. Instead, the prosecutor then decides whether to drop or pursue the original charges.

More Posts

Probable Cause v Reasonable Suspicion

Probable Cause v Reasonable Suspicion

What's the difference between probable cause and reasonable suspicion?Definition of Probable Cause Probable cause refers to the belief held by a reasonable person that a crime is currently being committed, has already been committed, or is likely to be committed in...

read more
Criminal Sexual Conduct (CSC) Consent in Michigan

Criminal Sexual Conduct (CSC) Consent in Michigan

Criminal Sexual Conduct (CSC) Consent in Michigan: Definitions, Penalties, and Legal References.Criminal Sexual Conduct (CSC) consent refers to the voluntary, informed, and freely given agreement by an individual to engage in sexual activity. Consent plays a critical...

read more
Criminal Sexual Conduct (CSC) Fourth Degree

Criminal Sexual Conduct (CSC) Fourth Degree

Criminal Sexual Conduct (CSC) in Michigan: Fourth DegreeCriminal Sexual Conduct (CSC) is a set of laws in Michigan that define and penalize various forms of sexual offenses. These laws are categorized into four degrees, with each degree reflecting the severity of the...

read more
Criminal Sexual Conduct (CSC) Third Degree

Criminal Sexual Conduct (CSC) Third Degree

Criminal Sexual Conduct (CSC) in Michigan Third DegreeCriminal Sexual Conduct (CSC) is a set of laws in Michigan that define and penalize various forms of sexual offenses. These laws are categorized into four degrees, with each degree reflecting the severity of the...

read more
Criminal Sexual Conduct (CSC) Third Degree

Criminal Sexual Conduct (CSC) Second Degree

Criminal Sexual Conduct (CSC) in Michigan: Definitions, Penalties, and Legal References.Criminal Sexual Conduct (CSC) is a set of laws in Michigan that define and penalize various forms of sexual offenses. These laws are categorized into four degrees, with each degree...

read more
Criminal Sexual Conduct (CSC) Consent in Michigan

Criminal Sexual Conduct (CSC) First Degree

Criminal Sexual Conduct (CSC) in Michigan: First DegreeCriminal Sexual Conduct (CSC) is a set of laws in Michigan that define and penalize various forms of sexual offenses. These laws are categorized into four degrees, with each degree reflecting the severity of the...

read more
Criminal Sexual Conduct (CSC) – Michigan

Criminal Sexual Conduct (CSC) – Michigan

Criminal Sexual Conduct (CSC) in Michigan: Definitions, Penalties, and Legal References.Criminal Sexual Conduct (CSC) is a set of laws in Michigan that define and penalize various forms of sexual offenses. These laws are categorized into four degrees, with each degree...

read more
Carrying a Firearm Under the Influence of Cannabis

Carrying a Firearm Under the Influence of Cannabis

Laws and Penalties in Michigan of Carrying a Concealed Firearm or EMD Under the Influence of a Controlled Substance.Michigan controlled substance info at end of article and yes cannabis is still a controlled substance 1 at the time of this article... but it is an...

read more

Probation and Sentencing Law Changes in Michigan

Probation and Sentencing Law Changes in Michigan

Probation and Sentencing Law Changes in Michigan (2021)

Recently, Michigan implemented significant reforms in their criminal justice system, impacting both misdemeanor and felony sentencing as well as probation.

If you or someone you care about is currently on probation or has recently faced criminal charges, it is crucial to seek guidance from an experienced criminal defense attorney. Call our office (248) 357-2550

Rebuttable Presumption

Michigan law now provides a rebuttable presumption that someone convicted of a misdemeanor, other than a serious misdemeanor, must be sentenced to a fine, community service, or other nonjail or non-probation sentence.

A court may depart from this presumption if the court finds there are reasonable grounds for the departure and the court states on the record the grounds for that departure. In other words, the court is now prohibited by law from sentencing someone convicted of a non-serious misdemeanor to probation unless the court explains on the record at sentencing why it is sentencing that person to probation and that reason is considered “reasonable.”

A “serious misdemeanor” includes assault and battery, domestic violence, aggravated domestic violence, assault with serious injury, breaking and entering, illegal entry, child abuse (4th degree), contributing to neglect or delinquency of a minor, prohibited communication through the internet or computer, intentional firearm aiming without malice, discharge of a firearm intentionally aimed at a person, discharge of an intentionally aimed firearm resulting in injury, indecent exposure, stalking, worker injury in a work zone, leaving the scene of an accident, drunk or drugged driving (OWI or OWVI) involving property damage or physical injury/death to another individual (including while operating a watercraft or boat), and selling alcohol to someone under 21 years old.

The new law alters the sentencing period for individuals convicted of misdemeanors and felonies. In general, most felonies now carry a maximum probation term of 3 years, with the possibility of extensions up to 5 years. However, there are exceptions for felony stalking and certain sex offenses, which may still result in lifetime probation.

It is crucial that the conditions of probation are carefully tailored to address the assessed risks and needs of the probationer, as well as the needs of any victims involved. Courts are now obligated to specify the “rehabilitation goals” for each defendant during sentencing.

The conditions of probation must be customized to the individual, address their assessed risks and needs, aim to reduce recidivism, and address the harm caused to victims, their safety concerns, and any requests for protective measures or restitution. Courts also have the authority to make appropriate adjustments to the probation conditions, always considering the specific rehabilitation goals.

Early Discharge of Probation

If you have completed over half of your probation term and met all required programming without any violations in the past three months, you may be eligible for early discharge from probation.

You can notify the probation department or file a Motion for Early Discharge of Probation to request early discharge, and the court may consider it at its discretion. Inability to pay fines or fees does not make you ineligible for early discharge, but the court must consider any outstanding restitution and its impact on the victim.

The court will review your behavior on probation to determine if early discharge is warranted. They may grant early discharge without a hearing, but if they find that it is not warranted, they will conduct a hearing for you to present your case.

Certain crimes are not eligible for early discharge from probation. If your probation officer does not notify the court of your eligibility, contact a criminal defense attorney. Thorough preparation for your early discharge hearing is crucial, and an experienced attorney can guide you through the process.

The Court Should Not Impose a Jail Term or Place the Person on Probation

When sentencing an individual to a misdemeanor, there is a rebuttable presumption that the court should not impose a jail term or placed the person on probation. MCL 769.5(3).

Except “serious misdemeanors” as defined by MCL 780.811(1)(a).

A serious misdemeanor includes an original offense charged as a “crime” but pleaded down. MCL 780.811(1)(a)(xviii).

Crime is defined as a felony-incarceration greater than 1 year. MCL 789.752(1)(b).

Nonjail/Nonprobationary Sentence

Q: MCL 769.5(3) provides that “[t]here is a rebuttable presumption that the court shall sentence an individual convicted of a misdemeanor, other than a serious misdemeanor, 5 with a fine, community service, or other nonjail or nonprobation sentence.”

The statue was effective March 24, 2021. Is it retroactive?


A: MCL 769.5(3) does not expressly indicate that it is retroactive. Therefore, the court will need to determine whether this statute applies to offenses committed on or after March 24, 2021, or rather to those sentenced on or after March 24, 2021.


Q: What does a nonprobation sentence look like?

A: A nonprobation sentence is any lawful sentence that does not include an order of probation. As contemplated in MCL 769.5(3), this may include a fine, community service, other nonjail, etc. If the court orders a defendant to complete certain activities as part of a nonprobation sentence, the court should determine how it will monitor compliance.

More Posts

Probable Cause v Reasonable Suspicion

Probable Cause v Reasonable Suspicion

What's the difference between probable cause and reasonable suspicion?Definition of Probable Cause Probable cause refers to the belief held by a reasonable person that a crime is currently being committed, has already been committed, or is likely to be committed in...

read more
Criminal Sexual Conduct (CSC) Consent in Michigan

Criminal Sexual Conduct (CSC) Consent in Michigan

Criminal Sexual Conduct (CSC) Consent in Michigan: Definitions, Penalties, and Legal References.Criminal Sexual Conduct (CSC) consent refers to the voluntary, informed, and freely given agreement by an individual to engage in sexual activity. Consent plays a critical...

read more
Criminal Sexual Conduct (CSC) Fourth Degree

Criminal Sexual Conduct (CSC) Fourth Degree

Criminal Sexual Conduct (CSC) in Michigan: Fourth DegreeCriminal Sexual Conduct (CSC) is a set of laws in Michigan that define and penalize various forms of sexual offenses. These laws are categorized into four degrees, with each degree reflecting the severity of the...

read more
Criminal Sexual Conduct (CSC) Third Degree

Criminal Sexual Conduct (CSC) Third Degree

Criminal Sexual Conduct (CSC) in Michigan Third DegreeCriminal Sexual Conduct (CSC) is a set of laws in Michigan that define and penalize various forms of sexual offenses. These laws are categorized into four degrees, with each degree reflecting the severity of the...

read more
Criminal Sexual Conduct (CSC) Third Degree

Criminal Sexual Conduct (CSC) Second Degree

Criminal Sexual Conduct (CSC) in Michigan: Definitions, Penalties, and Legal References.Criminal Sexual Conduct (CSC) is a set of laws in Michigan that define and penalize various forms of sexual offenses. These laws are categorized into four degrees, with each degree...

read more
Criminal Sexual Conduct (CSC) Consent in Michigan

Criminal Sexual Conduct (CSC) First Degree

Criminal Sexual Conduct (CSC) in Michigan: First DegreeCriminal Sexual Conduct (CSC) is a set of laws in Michigan that define and penalize various forms of sexual offenses. These laws are categorized into four degrees, with each degree reflecting the severity of the...

read more
Criminal Sexual Conduct (CSC) – Michigan

Criminal Sexual Conduct (CSC) – Michigan

Criminal Sexual Conduct (CSC) in Michigan: Definitions, Penalties, and Legal References.Criminal Sexual Conduct (CSC) is a set of laws in Michigan that define and penalize various forms of sexual offenses. These laws are categorized into four degrees, with each degree...

read more
Carrying a Firearm Under the Influence of Cannabis

Carrying a Firearm Under the Influence of Cannabis

Laws and Penalties in Michigan of Carrying a Concealed Firearm or EMD Under the Influence of a Controlled Substance.Michigan controlled substance info at end of article and yes cannabis is still a controlled substance 1 at the time of this article... but it is an...

read more
Michigan dropping marijuana drug testing for some new-hires on Oct. 1

Michigan dropping marijuana drug testing for some new-hires on Oct. 1

Next month marks the end of drug tests probing for marijuana use among some of the government’s tens of thousands of employees who work for the state of Michigan

Following a summer vote by members on the Michigan Civil Service Commission who unanimously agreed to remove marijuana from the pre-employment drug testing protocols, the state policy will kick in at the beginning of October.

Read More Here at Fox2

Michigan Marijuana Dispensary Owner Convicted of Tax Evasion and Obstructing the IRS

Michigan Marijuana Dispensary Owner Convicted of Tax Evasion and Obstructing the IRS

A federal jury in Detroit found a Michigan man guilty of evading federal income taxes and obstructing the IRS, among other charges.

According to court documents and evidence presented at trial, Ryan Richmond, of Bloomfield, owned and operated the marijuana dispensary Relief Choices, LLC in Warren, Michigan. From 2011 through at least 2014, Richmond had Relief Choices pay its operating expenses extensively in cash, and routed customer credit card payments through an unrelated third-party bank account to conceal his true business gross receipts. In 2015 and 2016, Richmond obstructed the IRS by misleading investigators – and particularly an IRS auditor examining his individual income taxes – about his knowledge of, role in and profits derived from his Relief Choices operation. Richmond caused a tax loss to the IRS of more than $1.15 million.

Richmond is scheduled to be sentenced on Dec. 13 and faces a statutory maximum penalty of five years in prison for each count of tax evasion, three years in prison for obstructing the IRS and one year in prison for the willful failure to file a tax return count. He also faces a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Source

Oakland County Businessman Sentenced To 28 Months In Federal Prison For Paying Bribes To Rick Johnson

Oakland County Businessman Sentenced To 28 Months In Federal Prison For Paying Bribes To Rick Johnson

GRAND RAPIDS, MICHIGAN – U.S. Attorney for the Western District of Michigan Mark Totten today announced that John Dawood Dalaly, 71, of West Bloomfield, Michigan, was sentenced to serve 28 months in federal prison and fined $25,000 for paying bribes to Rick Vernon Johnson, the former Chairperson of the Michigan Medical Marijuana Licensing Board.  Following his release from prison, Dalaly will serve two years on supervised release. The sentence was imposed by U.S. District Court Judge Jane Beckering.

          “John Dalaly bribed a public official. He corrupted a process designed to give people a fair shot at entering this promising new market,” said U.S. Attorney Mark Totten “Now, he’ll serve time in a federal prison. Public corruption is a poison to our democracy, and we will hold offenders accountable whenever and wherever we find them.”

          Rick Johnson was a member and the Chairperson of the Michigan Medical Marijuana Licensing Board (MMLB) between May 2017 and April 2019. Prior to his appointment to that Board, Johnson worked as a lobbyist in Lansing, Michigan, and served as Speaker of the Michigan House of Representatives.

          John Dalaly operated two companies that were formed with the purpose of obtaining various operating licenses from the MMLB or exploring the licensing of a digital currency platform for medical marijuana financial transactions.  Dalaly admitted paying at least $68,200 in cash and other benefits (including private charter flights) to Johnson while he served as the Chair of the MMLB.  In return, Johnson voted in favor of approving the prequalification status for one of Dalaly’s companies and voted in favor of granting medical marijuana licenses to that company.  Johnson also provided valuable non-public information about the anticipated rules and operation of the MMLB and assistance with license application matters to Dalaly and others who paid him money.

          “The corrupt activities uncovered in this case were facilitated by men whose desire for favorable treatment outweighed notions of integrity and fair play,” said Devin J. Kowalski, Acting Special Agent in Charge of the FBI in Michigan. “Public corruption is the FBI’s top criminal investigative priority and anyone who seeks to influence public officials through bribery will be thoroughly investigated.”

          Rick Johnson’s sentencing for accepting bribes is scheduled for Thursday, September 28, 2023, at 1:30 p.m. in Grand Rapids before U.S. District Judge Jane Beckering. U.S. Attorney Mark Totten is scheduled to attend Johnson’s sentencing hearing and provide comments outside immediately following.

          On Wednesday, October 18, 2023, sentencing hearings have been scheduled for Brian Pierce at 11 a.m. and Vince Brown at 1:30 p.m. in Grand Rapids before U.S. District Judge Jane Beckering.

          Assistant United States Attorneys Christopher O’Connor and Clay Stiffler are prosecuting the case on behalf of the United States.

 Source

More Posts

Probable Cause v Reasonable Suspicion

Probable Cause v Reasonable Suspicion

What's the difference between probable cause and reasonable suspicion?Definition of Probable Cause Probable cause refers to the belief held by a reasonable person that a crime is currently being committed, has already been committed, or is likely to be committed in...

read more
Criminal Sexual Conduct (CSC) Consent in Michigan

Criminal Sexual Conduct (CSC) Consent in Michigan

Criminal Sexual Conduct (CSC) Consent in Michigan: Definitions, Penalties, and Legal References.Criminal Sexual Conduct (CSC) consent refers to the voluntary, informed, and freely given agreement by an individual to engage in sexual activity. Consent plays a critical...

read more
Criminal Sexual Conduct (CSC) Fourth Degree

Criminal Sexual Conduct (CSC) Fourth Degree

Criminal Sexual Conduct (CSC) in Michigan: Fourth DegreeCriminal Sexual Conduct (CSC) is a set of laws in Michigan that define and penalize various forms of sexual offenses. These laws are categorized into four degrees, with each degree reflecting the severity of the...

read more
Criminal Sexual Conduct (CSC) Third Degree

Criminal Sexual Conduct (CSC) Third Degree

Criminal Sexual Conduct (CSC) in Michigan Third DegreeCriminal Sexual Conduct (CSC) is a set of laws in Michigan that define and penalize various forms of sexual offenses. These laws are categorized into four degrees, with each degree reflecting the severity of the...

read more
Criminal Sexual Conduct (CSC) Third Degree

Criminal Sexual Conduct (CSC) Second Degree

Criminal Sexual Conduct (CSC) in Michigan: Definitions, Penalties, and Legal References.Criminal Sexual Conduct (CSC) is a set of laws in Michigan that define and penalize various forms of sexual offenses. These laws are categorized into four degrees, with each degree...

read more
Criminal Sexual Conduct (CSC) Consent in Michigan

Criminal Sexual Conduct (CSC) First Degree

Criminal Sexual Conduct (CSC) in Michigan: First DegreeCriminal Sexual Conduct (CSC) is a set of laws in Michigan that define and penalize various forms of sexual offenses. These laws are categorized into four degrees, with each degree reflecting the severity of the...

read more
Criminal Sexual Conduct (CSC) – Michigan

Criminal Sexual Conduct (CSC) – Michigan

Criminal Sexual Conduct (CSC) in Michigan: Definitions, Penalties, and Legal References.Criminal Sexual Conduct (CSC) is a set of laws in Michigan that define and penalize various forms of sexual offenses. These laws are categorized into four degrees, with each degree...

read more
Carrying a Firearm Under the Influence of Cannabis

Carrying a Firearm Under the Influence of Cannabis

Laws and Penalties in Michigan of Carrying a Concealed Firearm or EMD Under the Influence of a Controlled Substance.Michigan controlled substance info at end of article and yes cannabis is still a controlled substance 1 at the time of this article... but it is an...

read more
You can’t sue marijuana is illegal federal judge tells Michigan cannabis business

You can’t sue marijuana is illegal federal judge tells Michigan cannabis business

Whether Michigan violated the rights of a marijuana business with a massive 2021 recall is beside the point, a federal court ruled this week.

“Federal law considers marijuana to be contraband for any purpose,” U.S. District Judge Paul Maloney wrote in his July 31 order, dismissing a lawsuit filed by Viridis laboratories against the the Michigan Cannabis Regulatory Agency (CRA)

Michigan, it appears, has a thriving, state-sanctioned contraband market. In June, nearly 700 licensed marijuana stores sold almost $260 million worth of cannabis products throughout the state, on pace to surpass $3 billion annually.

Read the rest here at MLive –

You can’t sue, marijuana is illegal, federal judge tells Michigan cannabis business