Attorneys Blog

As if there isn’t enough controversy surrounding Michigan and medical marijuana, federal authorities have ordered an official order that bans medical marijuana patients from owning any gun whatsoever. As hard as it is to believe, medical marijuana patients can’t even own a gun for personal protection, target shooting, or for hunting. Considering Michigan is one of the top hunting states in the country with a massive bird and deer population, this is a big blow to the michigan medical marijuana community.

This is a slap in the face to Michigan marijuana patients, and you can bet this decision is desired to stop the acceptance and growth of medical marijuana. Technically, the State Appeals Court ruled that medical marijuana users fall under the category “drug abusers”. Licensed card owners are being treated like criminals, and are being made out to be drug dealers or addicts. The letter to prosecutors prohibits possessing a firearm or ammunition to “any person who uses or is addicted to marijuana, regardless of whether his or her State has passed legislation authorizing marijuana use for medicinal purposes”.

Drug Checkpoints in Michigan

A new tactic is being deployed by the Genesee County sherriff. Motorists in the Flint area have been subjected to random drug checkpoints. This is a highly controversial strategy, but it’s being done anyway. Considering the ruling by the Michigan Supreme Court against sobriety check lanes, it would seem likely these checkpoints won’t hold up in court. The only real way to stop the practice is for one of the accused/charged to fight in court.

How Are The Checkpoints Being Used?

At first, the checkpoints were conducted often daily, but now that people have caught on they are once again changing their strategy. The checkpoints aren’t popping up as often and the times seem very random. There are also claims that police are only stopping people that see the sign and then make a u-turn. In turn this avoidance gives them probable cause to conduct a search. Obviously this tactic is also controversial and seems like entrapment to me.

The highly debated legal environment surrounding Michigan Medical Marijuana laws adds another dimension. Motorists are scared to drive around Flint even with a medical marijuana card. It will be interesting to see how this pans out and no doubt I will keep you updated on any events related to these drug checkpoints.

What is the new Michigan Keg Law?

Starting November 1st, consumers of Kegs will have to verify who purchased the keg through use of identification tags on the keg itself. The purchaser will be made to reveal their personal information including proper name, address, phone and some sort of personal identification. What is the reasoning behind the new law? To allow police officers to easily identify who purchased the keg and who is responsible. Say goodbye to kegs at undergraduate universities with underage students. Essentially this law allows the police to give the responsible party a ticket for serving to minors. You would have to be crazy to go sign up to buy a keg. As everyone know parties can sometimes get out of control and you would be responsible for the neglect of others. Doesn’t seem to fair to me. Anyways expect the volume of cased beer to increase because nobody is going to stop drinking, lets not be silly.

What are the Consequences of the Keg Law?

The identification tag must be returned with the keg upon return. There will be an additional $30 deposit upon purchase and in order to recieve this back, you got it, the tag must be with the keg. Failure to do so or removal of the tag is punishable by up to 93 days in jail and a fine of up to $500, which seems pretty harsh in itself. I foresee the amount of keg party’s to fall flat on its face, and I’m sure some local business won’t be happy, especially around college campuses.