Although Michigan is one of a growing number of states that has legalized the medical use of marijuana as well as recreational use, both state and federal criminal statutes are still very much alive that make it illegal to use, possess, grow or distribute marijuana in Michigan under many circumstances. Michigan marijuana offense attorneys at Michigan Defense Law understand that an arrest for a violation of any of the laws related to marijuana require an aggressive defense in order to protect your freedom and your future.
If you have been arrested for a marijuana offense in Michigan, take control of your future by retaining the services of an experienced and dedicated Michigan marijuana offense lawyer today. Contact Michigan Defense Law immediately.
We defend people charged with marijuana offenses across Michigan, including Bloomfield Hills, West Bloomfield, Rochester Hills, Troy, Canton, Plymouth, Novi, Royal Oak, Oakland County, Wayne County and Macomb County.Michigan Laws On Use And Possession Of Marijuana
Although Michigan now allows possession and use of marijuana by people 21 and older there are still many exceptions to the law that create misdemeanor charges for many. It is not legal to use marijuana in public places, if you are under 21 or to possess and transport it in a careless or open manner.Michigan Laws On Growing, Cultivating, Manufacturing And Intent To Deliver Marijuana
In Michigan, growing, cultivating or manufacturing marijuana is a more serious offense than the use or possession of marijuana. The same is true for “dealing” marijuana, which is legally referred to as “intent to deliver.” The potential penalties for growing or dealing marijuana depend on the amount of marijuana the individual was growing, cultivating, manufacturing or possessing with the intent to deliver.
The applicable statute determines the potential penalties based on the quantity as follows:
- If the amount is 45 kilograms or more, or 200 plants or more, by imprisonment for not more than 15 years or a fine of not more than $10 million, or both.
- If the amount is 5 kilograms or more but less than 45 kilograms, or 20 plants or more but fewer than 200 plants, by imprisonment for not more than 7 years or a fine of not more than $500,000, or both.
Many people do not realize that you can be charged for operating while intoxicated, frequently referred to as OWI or DUI, for being under the influence of drugs, including marijuana. The Michigan OWI/DUI laws are not limited to alcohol. Although marijuana is now legal if you operate a motor vehicle while impaired by marijuana you can be charged with OWI. Most local police departments in Oakland County and metro Detroit have specifically trained DRE officers. These drug recognition experts are trained to show up on scene at a stop for drug OWI cases and administer specialized field sobriety testing to gather evidence to be used against the driver in court. Generally, if the police feel there is sufficient evidence to arrest someone for Operating Under the Influence of Marijuana or another drug they will then transport the person straight to the hospital to get a blood draw. The blood draw will test the levels of THC or another substance to gather additional evidence to prosecute. Although Michigan doesn’t currently have a specific level needed to prove impairment of THC the prosecutors can use expert testimony to try and deduce the level of impairment.
In addition, drivers can be prosecuted under the operating while visibly impaired statute with any level of alcohol combined with other drugs such as marijuana or Xanax. These so called “combination” cases can be challenging to defend when the driver looks bad on videotaped field sobriety testing or verbally sounds intoxicated. It is very important to have experienced legal counsel familiar with the nuances of these types of cases if you are faces charges like these. Call us today to discuss your situation.Defending Your Rights When You Are Charged With A Michigan Marijuana Offense
From the moment you become a suspect in a Michigan marijuana offense, both law enforcement and the prosecutor will vigorously pursue a conviction. It is imperative that you pursue your defense just as hard. The prosecution has the burden to prove your guilt beyond a reasonable doubt. There are a number of areas that our Michigan marijuana defense attorney can concentrate on to try and prevent a conviction in your case. While each case is unique, some of things we may do as part of your defense include:
- Interviewing witnesses, including law enforcement officers
- Challenging evidence introduced by the prosecution
- Challenging the accuracy any tests used against you on the marijuana seized
- Challenging the legality of a search or seizure
- Fighting to have charges dismissed that lack sufficient evidence to prosecute
- Negotiating to reduce charges to a lesser offense.
If your case goes to trial, our defense attorneys are ready to aggressively defend you. If you decide that entering into a plea bargain is in your best interest, then we can negotiate an agreement that is as favorable to you as possible.