Possession of marijuana or marijuana use is a misdemeanor crime under Michigan state statutes. You can face up to a year in jail and $2000 in fines for simple possession.
Although the maximum penalties are rarely a serious risk, you are still facing a serious criminal charge, and a criminal record if found guilty.
However, our attorneys have been working on some new defense strategies to help our clients beat marijuana charges in Michigan.
Michigan is one 23 states that allows medical marijuana use for registered patients. And under the state medical marijuana act, qualifying medical conditions are fairly broad.
But what if you get charged with marijuana possession and don’t have a state medical marijuana card?
In many cases, we can actually help you get one after the fact, and use it to get your criminal charge cleared. Though it is not technically an affirmative defense, if we can get a doctor to approve you as a qualified patient before your case is settled in court, that can help us gain extra leeway when negotiating your case at a later date.
Qualifying conditions for a medical marijuana patient include a variety of serious medical conditions and any form of severe and chronic pain. We will thoroughly review your medical records, and if appropriate, we will work with you and a qualified doctor to certify that you would receive “therapeutic benefit from the medical use of marijuana” under the terms allowed under the law.
What Kind of Result Can We Get?
Recently, Mark Dundon of Dailey Law Firm has won multiple criminal cases for our clients charged with possession of marijuana using this defense. As a result, our clients successfully:
- Avoid criminal charges.
- Easy probation terms.
In addition, as a certified medical marijuana patient, we have negotiated the ability to medicinally smoke during probation. Therefore, smoking doesn’t violate you, so it’s a very easy probation to get through.
Marijuana Criminal Legal Defense
We can’t guarantee results like this in every case. But trends in public opinion and legal changes are moving towards less aggressive marijuana prosecutions. Many Michigan cities have enacted their own marijuana decriminalization ordinances. While they don’t have the power of state law, they are a factor in how police respond in those municipalities and counties.
Medical marijuana is becoming more widespread in use and acceptance, in Michigan, and nationwide. A recent high-profile case before the Michigan Supreme Court ruled in favor of a medical marijuana patient when the court determined that the case against the defendant was “no longer viable”. As a result, the prosecutors had to return the defendant’s property that was seized in a civil forfeiture.
All of these factors can create an environment where we have more flexibility to work out excellent deals when we have amenable prosecutors. That is certainly not true in every case. Many cops and prosecutors still have an aggressive war on drugs mentality. But the trend of public opinion is against them.
Creative Solutions and Aggressive Criminal Defense
At the Dailey Law Firm, we fight hard for every client to get the absolute best possible result.
We are always working to find creative solutions to criminal cases that avoid a criminal record whenever possible, and do the least disruption to your life
We help clients with a wide variety of drug possession charges in Michigan, as well as other many other types of criminal and civil legal issies. Call us anytime for a consultation.