Michigan Gov. Gretchen Whitmer, calling them rushed, recently vetoed 11 bills including three medical cannabis bills, with others related to retirement and tax. The governor did however sign into law six other bills approved by the Legislature.
Two bills that were vetoed: House Bill 5871, which would have amended state law to ease access to medical cannabis products, making them easier to be transferred from one facility to another. HB 5871 would also prohibit a background check of an applicant’s spouse under certain circumstances.
House Bill 5965, on the other hand, would have updated some language and definitions in the state’s Medical Marihuana Facilities Licensing Act, such as the title for the state’s Cannabis Regulatory Agency (CRA).
Another medical cannabis-related bill was vetoed. House Bill 5839, introduced by Rep. Pat Outman (R – Six Lakes), would have prevented the CRA from denying a person a license to sell cannabis based on their spouse’s job, including if their spouse works for the state or federal government.
Michigan Advancereports that Whitmer said in her veto letter to the Legislature on Dec. 22 that the bills “were rushed through a lame duck session and need closer examination.”
The Cost of Cannabis
The price of cannabis in the Michigan adult-use market plunged about 75%, from nearly $400 an ounce to less than $100 over the past two years. That drop in price triggered some industry officials to call for a moratorium on cultivation licenses. MLive reports that 2022 was a good year for customers, on the other hand, who are paying prices much lower than normal this year.
If you or someone you know has been accused of a crime, DUI or Drugged Driving. Call Komorn Law and turn your defense into an offense. Call Now 248-357-2550
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas, private stuff and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on “Official Government and State Sites”, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. You’re on the internet.
Constructive possession is the legal possession of an object that is not in the person’s direct physical control. Like other “constructive” meanings, constructive possession legally functions as actual possession in a variety of ways.
In criminal law, establishing constructive possession is often done to further prosecutions for possession crimes, such as possession of illegal drugs.
In property law, establishing constructive possession grants the owner the right to obtain physical control and/or a variety of rights over someone else’s physical control of that property.
Generally, for a court to find that a person had constructive possession of an object, the person must have had knowledge of the object, and as well as the ability to control it.
For example, someone with keys to a safe deposit box may have constructive possession to the contents of that box.
As seen in U.S. v. Bailey, where mere existence of a firearm in a borrowed car could not uphold constructive possession, constructive possession cannot be established on the basis of ability to control alone.
Cases such as this one from Missouri, explain that “possession is defined as the detention and control, or the manual or ideal custody, of anything which may be the subject of property, for one’s use and enjoyment, either as owner or as the proprietor of a qualified right in it, and either held personally or by another who exercises it in one’s place and name.”
The two most common types of possession are:
Actual possession, also called possession in fact, is used to describe immediate physical contact. This case from New York, explains that “actual possession is what most of us think of as possession—that is, having physical custody or control of an object.”
This case from the Eleventh Circuit, explains that constructive possession, also called possession in law, exists when a person has knowledge of an object plus the ability to control the object, even when the person has no physical contact with it. Constructive possession is often used in criminal cases.
If you or someone you know has been accused of a crime, DUI or Drugged Driving. Call Komorn Law and turn your defense into an offense. Call Now 248-357-2550
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas, private stuff and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on “Official Government and State Sites”, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. You’re on the internet.
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If you do not know the contact information for your court’s local funding unit, contact Deborah Mitchell at the Michigan Indigent Defense Commission at 517-657-3066 or dmitchell@michiganidc.gov. If you email, use the subject line “CDAM.”
The following court funding units have direct billing agreements with CDAM and their attorneys can register free of charge (they will provide you with the free registration code, if applicable): Barry, Berrien, Branch, Cass, Eaton, Emmet, Genesee (1/2 pay), Hillsdale, Huron, Ingham, Iosco, Isabella, Jackson, Kalamazoo, KCOD, Lapeer, Lenawee, Livingston, Macomb, Marquette, MIDC, Monroe, NDS, Otsego, Ottawa, SADO, Saginaw, St. Clair, Tuscola, Wayne, Wexford-Missaukee. All others pay out of pocket and seek reimbursement from your court funding unit, if applicable.
So you’re an expert caregiver growing the best and want to get into the licensed growing or processing business in Michigan. Here’s a question asked often by caregivers.
Can a caregiver work in a licensed facility and retain their caregiver status under MMMA?
Each license type has its specific provisions in the Medical Marihuana Facilities Licensing Act (MMFLA). For information specific to each license, please see Part 5 of the MMFLA.
Komorn Law – Legal Defense
For Growers: Nope
Per Section 501(8)(b): While holding a license as a grower, not be a registered primary caregiver and not employ an individual who is simultaneously a registered primary caregiver. However, licensees are required under the MMFLA to have at least two years’ experience as a caregiver or have an active employee with that experience (this requirement ends on 12/31/21).
For Processors: Nope
Per Section 502(5)(b): While holding a license as a processor, not be a registered primary caregiver and not employ an individual who is simultaneously a registered primary caregiver. However, licensees are required under the MMFLA to have at least two years’ experience as a caregiver or have an active employee with that experience (this requirement ends on 12/31/21).
For Secure Transporters: Nope
Per Section 503(2): To be eligible for a secure transporter license, the applicant and each investor with an interest in the secure transporter must not have an interest in a grower, processor, provisioning center, or safety compliance facility and must not be a registered qualifying patient or a registered primary caregiver.
For Provisioning Centers and Safety Compliance Facilities: OK
The MMFLA does not prohibit provisioning center and safety compliance facility licensees from being registered as patients or caregivers under the MMMA, nor does it prohibit these facilities from employing patients or caregivers.
Cancel It
A licensee or an employee must submit a withdrawal form to cancel their caregiver status within five business days if required. If a new employee is a caregiver, that person has 5 business days from their date of hire to submit the form to cancel caregiver status. Withdrawal may also be submitted through Accela Citizen Access.
If you or someone you know has been accused of a crime, DUI or Drugged Driving. Call Komorn Law and turn your defense into an offense. Call Now 248-357-2550
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.
Controversial Michigan marijuana testing lab says potency results are legit. IT HAS PROOF!
Michigan regulators and the state’s largest marijuana safety testing lab are at odds.
When customers purchase marijuana off shelves, the Cannabis Regulatory Agency (CRA) has questioned whether the THC potency results on the label are accurate, at least when Viridis Laboratories has provided the results.
The battle began with a monumental recall issued by the CRA in November 2021 on an estimated $229 million worth of marijuana. The CRA claimed safety test results issued by Viridis Laboratories — the lab that tested all that marijuana — were unreliable.
On Oct. 20, plaintiffs seeking a class-action lawsuit, filed claims against the owners of Jeeter marijuana brand pre-rolls in Los Angeles Superior Court, claiming the brand regularly inflates potency and misleads customers for profits.
“For example, the Baby Jeeter Fire OG Diamond Infused 5-Pack Preroll was listed as having 46% THC on the label,” the lawsuit said. “Independent lab testing showed, however, that the actual THC content of the product was substantially lower, between 23-27% THC.”
Similar claims have been levied against products in Michigan that have been labeled with what some have called impossibly high potencies.
If you or someone you know has been accused of a crime, DUI or Drugged Driving. Call Komorn Law and turn your defense into an offense. Call Now 248-357-2550
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas, private stuff and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on “Official Government and State Sites”, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. You’re on the internet.
You can be arrested for DUI when on private property. Private means only so much. Michigan’s drunk driving law allows the police to arrest you for DUI or OUI even if you’re on your own property!
(1) A person, whether licensed or not, shall not operate a vehicle on a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state if the person is operating while intoxicated.
The Michigan Supreme Court says a driveway is no refuge for a drunken driver.
The court says Northville authorities could charge Gino Rea with drunken driving, even if his car never left the driveway. The court says a driveway is “generally accessible to motor vehicles” under state law, even if on private property.
Police went to Rea’s home three times one day in 2014 to respond to noise complaints. At one point, an officer saw him drive out of the garage and pull back in. His blood-alcohol level was three times the legal limit.
In a dissent Monday, justices Bridget McCormack and David Viviano say the court should be “hesitant to assume” that lawmakers wanted to extend their reach to the private property of homeowners.
Can you consume cannabis and drive on private property in Michigan?
Marijuana and driving laws in Michigan prohibit operating a vehicle under the influence, consuming while operating a vehicle and smoking as a passenger in the passenger compartment. One would assume that drinking and consuming cannabis lead to a driving or operating under the influence issue and the answer would be.. NOPE
(e) consuming marihuana in a public place or smoking marihuana where prohibited by the person who owns, occupies, or manages the property, except for purposes of this subdivision a public place does not include an area designated for consumption within a municipality that has authorized consumption in designated areas that are not accessible to persons under 21 years of age;
(g) consuming marihuana while operating, navigating, or being in physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat, or smoking marihuana within the passenger area of a vehicle upon a public way;
(1) Except as provided in subsections (2) and (5), a person who is an operator or occupant shall not transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger area of a vehicle upon a highway, or within the passenger area of a moving vehicle in …
Can a passenger consume cannabis in a car in Michigan?
(g) consuming marihuana while operating, navigating, or being in physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat, or smoking marihuana within the passenger area of a vehicle upon a public way;
Legal Defense-DUI-OUI-Cannabis-Criminal in Michigan
Here’s the transportation laws
MICHIGAN VEHICLE CODE (EXCERPT) Act 300 of 1949
257.624a Transportation or possession of alcoholic liquor in open or uncapped container open or upon which seal broken; violation as misdemeanor; exception; subsections (1) and (2) inapplicable to passenger in commercial quadricycle; definitions.
Sec. 624a.
(1) Except as provided in subsections (2) and (5), a person who is an operator or occupant shall not transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger area of a vehicle upon a highway, or within the passenger area of a moving vehicle in any place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, in this state.
(2) Except as otherwise provided in subsection (5), a person may transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger area of a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles in this state, if the vehicle does not have a trunk or compartment separate from the passenger area, and the container is in a locked glove compartment, behind the last upright seat, or in an area not normally occupied by the operator or a passenger.
(3) A person who violates this section is guilty of a misdemeanor. As part of the sentence, the person may be ordered to perform community service and undergo substance abuse screening and assessment at his or her own expense as described in section 703(1) of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703. A court shall not accept a plea of guilty or nolo contendere for a violation of this section from a person charged solely with a violation of section 625(6).
(4) This section does not apply to a passenger in a chartered vehicle authorized to operate by the state transportation department.
(5) Except as otherwise provided in this subsection, unless prohibited by local ordinance, subsections (1) and (2) do not apply to a passenger in a commercial quadricycle. A passenger in a commercial quadricycle shall not transport or possess alcoholic liquor other than beer, wine, spirits, or a mixed spirits drink.
(6) As used in this section:
(a) “Glove compartment” means a recess with a hinged and locking door in the dashboard of a motor vehicle.
(b) “Passenger area” means the area designed to seat the operator and passengers of a motor vehicle while it is in operation and any area that is readily accessible to the operator or a passenger while in his or her seating position, including the glove compartment.
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