Yea. We did that…

What it is supposed to be

On February 11, 2021, the Michigan Court of Appeals ruled that judges cannot prohibit individuals on probation from using medical marijuana if they are registered patients under the Michigan Medical Marihuana Act (MMMA). This ruling underscores the legal protections afforded to medical marijuana patients and clarifies the boundaries of judicial authority concerning probation conditions.

Background of the MMMA

The journey began in 2008 when Michigan voters approved Proposal 1, known as the Michigan Compassionate Care Initiative, with a 63% majority. This initiative legalized the medical use of marijuana for patients with specific debilitating conditions, allowing them to possess up to 2.5 ounces of usable marijuana and cultivate up to 12 plants. The law aimed to provide relief to patients suffering from chronic illnesses by permitting the medical use of cannabis upon a physician’s recommendation.

The Case of Michael Thue

The case that ultimately shaped the 2021 ruling centered around Michael Thue, a registered medical marijuana patient who faced charges of assault and battery stemming from a road rage incident, to which he later entered a guilty plea.

During the sentencing phase, the judge set a probation condition that strictly forbade Thue from using marijuana, even for medical reasons.

Thue hired Komorn Law to contest this condition, arguing that it violated his rights under the MMMA, which protects registered patients from penalties related to their medical use of marijuana.

Legal Battle and Advocacy

Thue’s legal battle was marked by persistent advocacy for the rights of medical marijuana patients.

Following the rejection of his motions by both the District Court and the Grand Traverse County Circuit Court, Thue proceeded to appeal to the Michigan Court of Appeals.

Although his probation ended during the appellate process, the Court acknowledged the wider public importance of the matter and chose to hear the case.

Court of Appeals Decision

In a unanimous decision, Judges Mark J. Cavanagh, Thomas C. Cameron, and Deborah A. Servitto ruled in favor of Thue. The Court held that imposing a probation condition barring the use of medical marijuana constitutes a penalty, which is in direct conflict with the MMMA.

The Act explicitly protects registered patients from arrest, prosecution, or any penalty for their medical use of marijuana, provided they comply with possession limits and other provisions. The Court emphasized that the MMMA supersedes conflicting statutes, thereby limiting judicial discretion in imposing such probation conditions.

Implications of the Ruling

This landmark ruling has significant implications for medical marijuana patients on probation in Michigan. Judges can no longer enforce blanket prohibitions on the use of medical marijuana for registered patients as a condition of probation. This decision reinforces the protections enshrined in the MMMA and ensures that patients are not forced to choose between compliance with probation conditions and their medically approved treatment.

Continued Advocacy and Legal Support

The case highlights the ongoing efforts of legal advocates and organizations dedicated to protecting the rights of medical marijuana patients. Attorneys specializing in cannabis law have played a crucial role in challenging restrictive policies and ensuring that patient protections are upheld in various legal contexts. Their work continues to shape the evolving landscape of medical marijuana law in Michigan and beyond.

In summary, the Michigan Court of Appeals’ decision affirms the rights of medical marijuana patients to continue their treatment without fear of legal repercussions, even while on probation. This ruling not only upholds the intent of the MMMA but also sets a precedent for how similar cases may be handled in the future, ensuring that medical needs are not overshadowed by judicial mandates.

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Note: This is what they are supposed to do. Whether they give a damn about you and the outcome is up to the individual attorney

What it is supposed to be

In Michigan, public defenders play a vital role in the criminal justice system by providing legal representation to people who cannot afford private attorneys.

They help ensure that everyone, regardless of income, receives a fair trial as guaranteed by the U.S. Constitution.

Public defenders handle cases ranging from misdemeanors to serious felonies and work at different levels based on experience and qualifications.

What Public Defenders Do

Public defenders represent clients in criminal cases at all stages of the legal process, including:

• Arraignments – Advising clients on their rights and entering pleas.
• Pretrial Hearings – Filing motions to suppress evidence, dismiss charges, or seek reduced bail.
• Trials – Presenting evidence, cross-examining witnesses, and making arguments in court.
• Plea Bargaining – Negotiating with prosecutors to reduce charges or sentencing.
• Sentencing – Advocating for fair punishments or alternatives like probation or rehabilitation programs.
• Appeals – Challenging wrongful convictions or excessive sentences in higher courts.

Because public defenders handle many cases at once, they must work quickly and efficiently while giving each client strong representation.

Levels of Public Defenders and Their Qualifications

Public defenders in Michigan progress through different levels based on education, experience, and case complexity.

1. Entry-Level Public Defender (Assistant Public Defender I)

• Education: Must have a Juris Doctor (J.D.) degree from an accredited law school.
• License: Must pass the Michigan Bar Exam and be licensed to practice law in Michigan.
• Experience: No prior courtroom experience required, though internships or clerkships in criminal law are helpful.
• Duties: Handles misdemeanor cases and low-level felonies under supervision.

2. Mid-Level Public Defender (Assistant Public Defender II & III)

• Education: J.D. degree and active Michigan law license.
• Experience: At least 2-5 years of criminal defense or prosecutorial experience.
• Duties: Takes on more serious felony cases, may argue motions in higher courts, and supervises newer attorneys.

3. Senior Public Defender (Assistant Public Defender IV)

• Education: Same as lower levels but with extensive trial experience.
• Experience: 7+ years in criminal defense, often handling serious felonies like murder or sexual assault cases.
• Duties: Represents high-profile clients, trains junior attorneys, and may work on appeals.

4. Chief Public Defender

• Education: J.D. degree and Michigan law license.
• Experience: 10+ years in criminal defense, with leadership and administrative experience.
• Duties: Manages the public defender’s office, oversees budgets, and sets legal strategies for the department.

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Making laws as fast as possible. Look over here…Not over there.

Some of Michigan’s new laws in 2025 include minimum wage increases, paid sick time, and automatic voter registration. 

Minimum wage
The minimum wage in Michigan increased to $10.56 per hour on January 1, 2025, and will increase again to $12.48 per hour on February 21, 2025.

The 85% rate for minors under 18 increased to $8.98 per hour on January 1, 2025, and will increase to $10.61 per hour on February 21, 2025.

The tipped employee rate increased to $4.01 per hour on January 1, 2025, and will increase to $5.99 per hour on February 21, 2025.

The Earned Sick Time Act (ESTA) will go into effect on February 21, 2025. It applies to almost all Michigan employers, including part-time, temporary, and exempt employees.

Employers with 10 or more employees:

• Must allow employees to accrue up to 72 hours of paid sick time per year.

Employers with fewer than 10 employees:

• Must allow employees to accrue up to 40 hours of paid sick time and 32 hours of unpaid sick time per year.

How is sick time accrued?

Employees accrue one hour of sick time for every 30 hours worked

What can employees use sick time for?

• To care for themselves or family members
• During certain public health emergencies
• For certain purposes related to domestic violence, sexual assault, or stalking.

Who is covered by the ESTA?

All Michigan employers, except the U.S. government, must comply with the ESTA.

• Paid Medical Leave Act – FAQs

• EARNED SICK TIME ACT* Poster

3 Days to Yourself

(But you’ll have to wait till April 2025)

• Unemployment benefits: Increased from 20 to 26 weeks, with a maximum weekly benefit of $614
• Organ donor tax credit: Up to $10,000 to help cover costs like lost wages and medical bills
• Cage-free eggs: Stores must sell eggs from cage-free farms
• Automatic voter registration: When applying for a driver’s license or ID, or applying for Medicaid or leaving prison
• CPR in high schools: Coaches must be certified in CPR and AED use\
• Equal treatment for children born through surrogacy: Includes access to birth certificates and other government records
• LGBTQ family rights: Eliminates a costly process to legitimize parental rights
• Family recognition of parental rights: Makes it easier and cheaper for families to get formal recognition of their parental rights

And now for something completely different…

Whitmer has made big promises. Here’s how she’s done (according to this media outlet) Read More Here

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Same Thing – Different Day

Whitmer’s $3B plan to fix Michigan roads calls for more corporate, marijuana taxes, taxes at the pump and you can just imagine the ones you don’t know about.

Michigan Governor Gretchen Whitmer has introduced a comprehensive three billion dollar initiative aimed at repairing the state’s road infrastructure, proposing increases in corporate and marijuana taxes although specific details remain vague. Additionally, Whitmer is advocating for all taxes collected at the pump to be dedicated entirely to road maintenance and improvements.

The plan will trumpet the well known and worn thin “make sure that corporations pay their fair share to do business in Michigan” and  “without putting the costs on the backs of everyday Michiganders”

It’s the latest infrastructure plan from Whitmer, who won office in 2018 on a pledge to “fix the damn roads.” 

Her 2019 proposal to raise fuel taxes by 45 cents per gallon was not taken up in the Legislature.

The next year, Whitmer went it alone with a $3.5 billion bonding plan for upkeep and reconstruction of some of Michigan’s busiest roadways, but the state will spend decades paying off the debt and the money is drying up. 

Whitmer will also propose levying an additional 32% wholesale tax on marijuana products to match those applied to tobacco products like cigarettes. Her office’s budget recommendation last week also called for expanding that tax to nicotine products that don’t contain tobacco, like vapes and pouches, which have avoided taxation for years.

Hey you want to read more or just crawl under a rock. Go here to Read More.

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In Michigan, individuals charged with a crime have the constitutional right to legal representation.

In Michigan, individuals charged with a crime have the constitutional right to legal representation. For those unable to afford a private attorney, the state provides public defenders to ensure fair legal proceedings. Eligibility for a public defender is primarily determined by assessing the defendant’s financial status to establish indigence.

Defining Indigence in Michigan

Under Michigan law, a defendant is considered indigent if they cannot secure qualified legal representation without enduring substantial financial hardship. Several criteria are used to evaluate this status:

• Public Assistance Recipients: Individuals receiving benefits such as food assistance, Temporary Assistance for Needy Families (TANF), Medicaid, disability insurance, or residing in mental health or substance abuse facilities are presumed indigent.

• Income Threshold: Defendants earning less than 140% of the federal poverty level are presumed indigent.

• Incarceration Status: Those currently serving a sentence in a correctional facility are presumed indigent.

If a defendant doesn’t meet these presumptive criteria, they may still qualify for a public defender through a detailed assessment. This evaluation considers the seriousness of the charges, monthly expenses, and local private attorney rates to determine if hiring private counsel would cause substantial financial hardship. The goal is to ensure that all defendants have access to adequate legal representation, regardless of their financial situation.

Process for Obtaining a Public Defender

To request a public defender in Michigan, defendants should follow these steps:

Application Submission: During the initial court appearance, inform the judge of the need for a public defender. The court will provide an application form requiring detailed financial information.

Financial Assessment: Complete the application honestly, detailing income, assets, and expenses. This information helps the court determine eligibility based on indigence criteria.

Court Review: The judge reviews the application to decide if the defendant qualifies for a public defender. If approved, an attorney from the public defender’s office or a court-appointed private attorney will be assigned to the case.

It’s important to note that defendants cannot obtain a public defender before their first court appearance. Therefore, it’s crucial to request one promptly during this initial hearing.

Role and Expertise of Public Defenders

Public defenders in Michigan are licensed attorneys employed by the state to represent indigent defendants. Despite common misconceptions, many public defenders are highly skilled and experienced, often handling a wide range of criminal cases. However, due to limited state budgets, public defenders frequently manage heavy caseloads, which can impact the amount of time and resources they can dedicate to each case.

For defendants who do not meet the indigence criteria or prefer private representation, hiring a private attorney is an option. Private attorneys may have more flexibility and resources to devote to a case, but their services come with associated costs.

With trailblazing 1857 law, Michigan guaranteed all defendants’ right to legal counsel

Sources of Information

Michigan Indigent Defense Commission (MIDC): The MIDC was established by the Michigan Indigent Defense Commission Act of 2013 and sets the standards for indigent defense services in the state. More information can be found on their official website.

Michigan Legislature: The Michigan Legislature’s website provides the legal framework for indigent defense services, including the MIDC Act and related statutes.

Federal Public Defender: Various legal resources and defender offices in Michigan offer additional information on public defender qualifications and services.

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