Court rules, Illegal marijuana grow of any size only a misdemeanor in Michigan.
Past defendants may have grounds to fight their prior convictions.
Since the act’s passage in 2018, the outdated 1978 law has led to the charging and conviction of over 3,500 individuals, as per analysis shared by Michigan Supreme Court spokesperson John Nevin with MLive. A total of 1,072 people have been convicted under this law.
Those defendants may have grounds to fight their prior convictions.
From MLIVE
Attorney Michael Komorn of the Komorn law firm specializes in cannabis defense and currently has several clients charged under felony marijuana possession laws.
In light of the Court of Appeals ruling, he plans to file motions requesting those charges be reduced to misdemeanors. Komorn said most prosecutors and police have already placed a low priority on marijuana enforcement, except for “certain pockets” of the state. “They’ll raid like the old days, come in with guns and masks and go through that whole process,” he said, “but their dilemma is, how do we charge somebody.
What, do you get charged with a misdemeanor? “I have a number of cases where they’ve seized property and not charged anybody. And you can only reap the benefits of forfeiture if you get a felony conviction.”
KOMORN LAW
Michigan’s Top Cannabis Legal Defense
If you are facing any charges related to marijuana.
Call us only if you want to fight them…that’s what we do
TIP: We get calls all the time with people who regret hiring a lawyer to represent them for cannabis related charges that didn’t know squat about the laws. One shouldn’t have to tell them about the law before they convince you to plea. Hire right the first time because you may not get a second chance to fix it! Ask the attorney questions.
The appellate court reviewed a case that arose from an August 2020 raid in Tuscola County. This raid was conducted by the state police-led Thumb Narcotics Unit, which operates across Huron, Tuscola, Sanilac, and Lapeer counties.
Tuscola County prosecutors have charged Kejbou with two crimes related to the 1978 drug law. This law stipulates that individuals found in possession of less than 20 marijuana plants may face a maximum sentence of four years in prison, while those possessing over 200 plants could face up to 15 years of imprisonment.
Based on the aforementioned felony charges, the Tuscola County Prosecutor’s Office further filed charges against Kejbou for the offense of possession of a firearm in connection with the commission of a felony.
The unanimous ruling by the three-judge Court of Appeals panel concludes that the case should be prosecuted under the Michigan Regulation and Taxation of Marijuana Act (MRTMA).
Violations for exceeding allowed amounts range from civil infractions to misdemeanors.
As the act states,“subject to imprisonment unless the violation was habitual, willful, and for a commercial purpose or the violation involved violence,”
The panel determined that felony punishments were not applicable.
Jan 2024 – Update on Cannabis Scheduling
Officially, cannabis still remains federally prohibited under the Controlled Substances Act as a Schedule I substance. This classification is reserved for substances that are considered to lack any currently accepted medical use and have a high potential for abuse.
However, the U.S. Department of Health and Human Services recommended in August that cannabis be moved from Schedule I to Schedule III.
It’s an election year open the panderverse portal.
More Posts
A historic cannabis shift is one of the latest election year moves
AP StoryPresident Joe Biden may potentially ban TikTok, but he aims to offer young individuals, who largely influence this widely-used social media platform, a more lenient government regulation regarding marijuana. Facing a decline in support from an important...
New rule mandates time and a half pay for lower paid employees
Qualified lower-paid workers who earn a salary but work more than 40 hours in a week will soon be entitled to guaranteed time-and-a-half pay, thanks to a new labor rule announced by the Biden-Harris administration. This rule will raise the salary thresholds necessary...
People v Williams Michigan COA – Police CPL Check
People v WilliamsMichigan Court of AppealsNo 365299 (04/18/24) MCL 28.425f permits a police officer to ask a person observed to be carrying a concealed weapon to produce their concealed pistol license (CPL) at any time and for any reason. Makes possession of a...
Underage Workers in Factories Spark Fines, Investigations, and Legislation
A New York Times report exposed widespread child labor in a Michigan factory, prompting state and federal authorities to take action. The report focused on a Hearthside Food Solutions plant in Kentwood, alleging the presence of numerous underage workers. Michigan's...
Understanding Domestic Violence Laws in Michigan
Understanding Domestic Violence Laws in MichiganDomestic violence is a serious issue that can affect anyone, regardless of age, income, or background. If you are experiencing domestic violence in Michigan, it's important to know your rights and the laws that protect...
Macomb Prosecutor issues first charges under new safe storage law
Understanding Domestic Violence Laws in MichiganMacomb County Prosecutor Peter Lucido has filed the first charges under Michigan's new safe storage law following a critical accident in Warren. An 8-year-old boy allegedly accessed an unsecured firearm and shot himself...
Marijuana grow busted as feds investigations trend in more states
The DEA is investigating international criminal organizations that are operating illegal marijuana grows in about 20 states, including Maine.The significant electricity usage in a residence, its windows concealed with cardboard, and the scent of marijuana caught the...
A visit with a kick
POW - Right in the Kisser. Businesses watch out for the lawA Pennsylvania-based convenience store chain was hit with a lawsuit by the Biden administration at the same time the president stopped by one of their locations on the campaign trail. Sheetz is being accused...
Woman tried to board flight with 56 pounds of marijuana
Woman allowed airport police to check her luggage, had name tag on bags, according to reportsBefore a 21-year-old Memphis woman could board an United Airlines flight, Memphis International Airport Police found 56 pounds of marijuana in her luggage, according to...
You’re too stupid to store a gun properly
The Biden administration once again defends a ban in federal court, arguing that people who use marijuana should be prohibited from purchasing or possessing firearms. They claim that this restriction is supported by historical precedent and that individuals who...