In an effort to keep drugs under control in Flint, Genesee County Sheriff Robert Pickell has been using narcotics check points to stop and search vehicles. He has assembled a posse (no, really, he calls them his “Sheriff’s Posse”) and they are using drug dogs to check motorists for drugs.

“We think there’s major loads (of drugs) coming through here from all over, every day. And this is one of the tools we use—narcotics checkpoints.”

Motorists have seen a pickup, like the one shown here on the Detroit Free Press website, towing a sign that warns of the narcotics check point “1 mile ahead”. They’ve seen it in use on I-69 and U.S. 23, two of several major roadways that pass through and around Flint.

The problem with these checkpoints is they likely wouldn’t survive a challenge in court. In 1990, the Michigan Supreme Court ruled that DUI checkpoints were illegal. Also, the United States Supreme Court made a ruling in 2000 that blanket narcotics checkpoints in Indiana violated the Constitutional protection of the 4^th Amendment and where therefore also illegal.

Sheriff Pickell, however, says he welcomes a conversation with the ACLU and refuses to say whether or not the checkpoints have resulted in any big drug busts or any arrests at all.

Though the checkpoints originally stopped everyone, Pickell has made some adjustments due to the backlash. Now, he waits for a driver to spot the warning signs and make a U-turn or try to otherwise avoid the stop before pulling them over and searching the vehicle. University of Michigan professor Moran says even this tactic wouldn’t likely survive a court challenge, coming very close to entrapment.

Of the citizens most concerned with the Sheriff’s tactics are the state’s medical marijuana users. Though they are registered and allowed to have marijuana with them, the use of drug dogs and police search tactics can be intimidating nonetheless.

For now, there is no one in a place to put a stop to these checkpoints. They won’t likely stop until Pickell makes the decision to suspend them or until they are challenged in court after an arrest is made.

Your protection against unreasonable searches and seizures is provided by the 4^th Amendment of the U.S. Constitution. This is why police officers must have a warrant, your consent, or some other exigent circumstances to justify the searching of you, your vehicle, or your home.

If you’ve been arrested, the legality of your arrest and those things that led up to it will be of upmost concern to your attorney. Contact us today to discuss the case against you and how we might be able to help.

All it takes is one court decision to stop the medical marijuana trade in its tracks. At least that’s what Michigan is seeing this week after a ruling on Wednesday determined the Compassionate Apothecary in Mt. Pleasant was a public nuisance and needed to be closed. But this single ruling has dispensaries all over the state shutting down.

The state Court of Appeals ruled that the medical marijuana legislation passed by voters did not give businesses the legal right to sell marijuana, it only gave patients the right to use  it, grow it, or receive it from a caregiver.

There are an estimated 400 to 500 dispensaries in the state, most of which have already shut down or are planning on it in coming days. This leaves about 100,000 registered medical marijuana patients wondering if they should invest in growing equipment or return to purchasing the drugs illegally on the street.

Attorney General Bill Schuette was against the medical marijuana legislation from the beginning and is unsurprisingly pleased with the court’s ruling. Despite the fact that voters approved the medical marijuana law, he states “Nobody voted to have pot shops across from schools and churches. The court of appeals unanimously cleared the air that these dispensaries, these pot shots—really drug houses—are not legal.”

Critics counter Schuette’s position stating that the dispensaries could potentially stay open if changes were made. The court failed to address whether or not patients can give pot to other patients. Because this hasn’t been clarified and hasn’t been explicitly outlawed, they claim dispensaries could charge for rolling papers, for instance, while giving away the actual marijuana.

Patients will be far more likely to return to the streets to purchase marijuana than grow it. Depending on how much you grow, your electric bill could skyrocket to $600 per month. Most will likely take the risk and purchase their pot like everyone else does, from marijuana dealers.

Could a medical marijuana patient be busted for buying pot? Legally, yes, though it’s not likely. Could a pot dealer be busted for selling to a registered medical marijuana patient? Absolutely. The medical marijuana law does not give free reign to pot dealers that cater to the registered patients, as this ruling by the Appeals Court showed.

So what does this mean to medical marijuana patients? They will have to obtain their pot on the black market and run the risk that anti-medical marijuana advocates may decide that prosecuting them for purchasing it in this way is a worthwhile cause.

Whether you are someone who thought you would help a friend in need out—selling or giving marijuana to a registered patient, or if you are a casual user of marijuana, you could face serious criminal charges for your actions. If you are accused of a marijuana offense, contact our offices today to discuss your case.

Law enforcement officials in the South are casting a steely glare North as they continue to find their citizens in possession of OxyContin from Detroit. According to the Detroit Free Press, cops in states like West Virginia, Ohio, and Kentucky are seeing more and more cases of the drug, affectionately called “hillbilly heroin”, that can be traced directly to Detroit dealers.

It seems the dealers have an easier time getting the drug in Detroit and the demand for it isn’t as high here. What they may sell for $20 in the Detroit Metro can go for $100 to $250 a pill a few states to the south.

Because Detroit hasn’t experienced as bad of an OxyContin problem as other areas, it’s still relatively easy for people to get it. In states where it’s been an issue, however, getting the drug prescribed or even from a local dealer can be extremely difficult.

It boils down to supply and demand. Detroit can supply the drug that the other states are demanding. Because there are so few other resources for it, these northern dealers can charge what they want and make out like bandits.

While officials can’t catch all of the drugs coming south, they are rounding up several. Dealers who cross state lines with drugs like this can face federal charges and federal drug charges often carry much harsher sentences.

While local law enforcement is often after the users and the dealers, the Drug Enforcement Agency (DEA) is targeting the doctors and pharmacies that the drugs originate from. Many of these doctors practice questionable ethics, prescribing powerful drugs like OxyContin where it’s not medically justified.

In addition to the increase in prescription drug trade, the demand for OxyContin has also created an increase in heroin abuse. OxyContin is seen as a gateway drug to the much stronger cousin, heroin. Not only is it more potent, it’s cheaper, allowing addicts to get their fix at a fraction of the cost.

Under Michigan law, heroin also carries a stiffer penalty. Classified as a Schedule I drug, it is the most addictive type of controlled substance available. While a very small amount and no criminal history could get you probation, any amount greater than 50 grams for a second offense or more could land you a mandatory life sentence.

Whether OxyContin or heroin is the drug you are found with, you face serious consequences. Contact us for a free consultation and to see how we might be able to help.

Wide availability and a high cheaper and more intense than “gateway” prescription drugs, heroin is back and stronger than ever. According to the Detroit News, surrounding suburbs are seeing a dramatic rise in deaths associated with the drug while the metro area isn’t seeing any noticeable fluctuation at all. And those hardest hit seem to be the young.

Since 2003, the number of “young people” (ages 18-29) seeking heroin treatment from state sponsored programs has doubled. In Genesee County at Community Mental Health, treatment of heroin addiction among this age group has grown six fold.

Puzzling is that the drug is hitting suburban young adults the hardest. It could be with the growing abuse of prescription drugs in these environments that heroin is the next step, a more potent high. Sources say these aren’t your typical “troubled” youth and instead are kids who used to be popular and get good grades.

In 2007 10 young people died of heroin overdoses in Pinckney, one of which was a varsity athlete who had just received his diploma. In the last three years close to 10,000 people sought heroin treatment in state sponsored agencies.

The director of substance abuse services for Genesee County Community Mental Health claims the drug has lost some of its “mystique”. She also states that trends show drugs to wax and wane in popularity, growing when it’s most highly available and then falling again when deaths and overdoses start to become commonplace.

Another worrisome thought, heroin is much more potent now than it was when it first became popular decades ago. It’s said to be 20-50% pure, compared with 3-5% pure in the sixties. That’s quite a climb and something certainly contributing to the overdoses and deaths.

Heroin addiction is notoriously difficult to kick. The withdrawals experienced by someone who is truly addicted can cause illness and even extreme pain. It’s typically something that can’t be handled by an individual without some help.

Often, when an addict is arrested for possession or another criminal charge, it’s the only opportunity they have to get help. Because the state and local jurisdictions want people off drugs, there are some resources to assist those facing charges and addicted to drugs.

Depending on the charge you are facing and the jurisdiction you are charged in, you could receive treatment as part of probation or you could be diverted into another sentencing alternative.

If you are facing drug charges or if you are accused of a crime and are addicted to drugs, contact our offices today. We can discuss the options available to you and how we might be able to help.

Broad and somewhat vague medical marijuana laws in Michigan have citizens tiptoeing around what they believe is their right, and law enforcement officials scrambling to control what they see as a threat to law and order. Cities and towns are passing ordinances to control how medical marijuana is supposed to be regulated, leading to what many say is essentially ignoring the medical marijuana laws voters demanded.

Medical marijuana legislation was passed in Michigan in 2008. Since that time the laws have been interpreted in a variety of ways throughout the state, leading to no clear way of handling people who actually qualify for medical marijuana use, not to mention the growing and sale of legal marijuana by outside businesses.

Current laws, as written, allow someone who is a licensed medical marijuana patient to possess up to 2.5 ounces of usable pot and up to 12 plants. They can also have a registered caregiver grow the plants for them if they so elect. While a physician certifies the patient, stating they would get benefit from medicinal use of marijuana, the patient is responsible for registering with the state and regulating their dosages and own use.

Part of the problems is people making fraudulent identification cards and there being no checks and balances in place by dispensaries to verify the legitimacy of patients documentation. Two Oakland County dispensaries were recently raided for selling pot to undercover agents with fake id cards. As a result, Lansing has blocked further marijuana businesses until July, by which time they hope legislation and controls will be clarified at the state level and the local level.

The ACLU, however, has filed a few different lawsuits against municipalities that they say are essentially banning the use of medical marijuana, contrary to state law. As if things aren’t confusing enough between the state and local laws controlling medical marijuana, federal laws still ban the substance altogether.

Legislators are expected to clear up the laws this upcoming year. It will be none too soon for medical marijuana patients as well as police, judges, and all those who have had any interaction with the confusing jumble of interpretations and applications over the past few years.

In the meantime, however, those who are legally entitled to medical marijuana are suggested to keep a low profile. When the laws are unclear, running afoul of them is far too easy.

Likewise, although social acceptance of marijuana is perhaps at an all time high, recreational use without a prescription is still illegal and marijuana charges are still commonplace in Michigan courts. If you’re facing charges of possession or distribution of marijuana in Michigan—contact our offices today for a free consultation on your case.

Michigan State Representatives have spent the past five months working on new legislation to ban chemical synthetic drugs which have been gaining popularity at an alarming rate. Substances known as K2, “Spice”, BZP, and LOL could all be affected.

While some of these substances are marketed as synthetic marijuana, they are far from all natural or harmless. Instead, they are chemical compounds which even the creator states are highly dangerous.

The scientist who developed the chemical compounds in K2 to study the effects on chemicals in the brain as a research project states “The people who smoke it are idiots” according to The Detroit News. While he tested his creations on mice he states they weren’t designed for human consumption.

Medical practitioners and poison control centers across the nation have seen an alarming increase in side effects of these chemicals including seizures, vomiting, increased heart rate, and hallucinations.

The problem in regulating these products is that they are lab created and while legislation may ban some of the chemicals, a slight alteration in the molecules can sidestep the laws.

Under proposed state legislation, possession of K2 would be considered a misdemeanor, punishable by up to 1 year in prison. However, the bill won’t go before the legislature until sometime in 2011. The DEA is also making moves to ban 5 of the chemicals used in these “drugs”. The federal ban will be a temporary order that last 1 year. After that time they can extend it, modify it, or adopt it permanently.

The majority of “customers” of these synthetic drugs are teens. And it seems this is a driving factor in the legislation. Thrill seeking teens can get many of these products over the internet or in local tobacco shops, making it far easier to obtain than alcohol or other controlled substances like marijuana.

Michigan drug laws are notoriously harsh. Facing prison time for possession of marijuana for instance is quite the extreme penalty and one that should be taken very seriously if you are facing such charges.

Although possession of K2 and spice aren’t considered illegal right now that will likely change this coming year and law enforcement, defense attorneys, and the courts will have to adapt to the changes, dealing with people who wouldn’t have faced any legal repercussions for their actions only a month or two prior.

If you’re facing drug charges you need the assistance of a local defense attorney. Whether it’s ecstasy, marijuana, or meth—you need an advocate on your side helping you in court to get the best results possible. Contact our offices for a free consultation on your case today.

MDMA, better known as ecstasy, experienced a slight drop in use early in the 2000s. But now, the drug is back and bigger than ever. What used to be trafficked in fairly limited quantities is now being brought across the Canadian border by the truckload.

According to the Free Press, truckloads of the drug are coming into Detroit as the city is a seeming entryway for the illegal ecstasy trade. Super labs in Canada are producing more powerful pills in a greater quantity than ever before and driving this trade is a new generation of ecstasy users.

The report states that young people are consistently underestimating the danger of the drug, with more of them trying it for the first time every year. It seems that those who initially used the party drug at raves in the 1990s stopped using when its dangers became apparent. This new generation, however, hasn’t had that firsthand experience and therefore isn’t scared of the drug.

While most people in the country are accustomed to hearing about drug busts “at the border”, the Canadian border is the one of concern when it comes to MDMA. In June, more than 250,000 pills were discovered in a truck crossing over from Canada and just last month border agents seized another 80,000 coming over in Port Huron.

There are countless stories of the ecstasy pills being trafficked over the past year or so and the increase is apparent in the statewide headlines.

A feel-good drug that gives people a sense of brotherly love and happiness, people are reluctant to believe such a drug could be harmful. But, it is. In addition, these newer more potent formulas may even be more dangerous than the rave drugs were around ten years ago.

Even if the users of ecstasy don’t recognize the dangers, the courts do. And because there’s a rise in trafficking busts, you can believe that prosecutors will be going after MDMA offenses with a vengeance. If you’re charged with trafficking or even just possession of ecstasy you could be facing serious penalties.

Under Michigan law, possession of ecstasy can land you up to 10 years in prison—no matter how much you had. This means you could be looking at an extended stay within the Michigan prison system even for a relatively small amount of drugs.

Luckily, if you have a clean criminal record you may be allowed to serve probation in lieu of a prison sentence, though this depends on the circumstance of your case. If you’re facing charges of possession of ecstasy or even of possession with intent to distribute, we can help you work through your legal problems. Contact us today for a free consultation on your case.

If some lawmakers get their way, Michigan will become the first state to allow law enforcement to test for drugs when they suspect a driver is under the influence. Similar to breath tests used in suspected DUI cases, these tests would reportedly alert cops to the presence of illegal drugs in a suspect’s body.

Representative Rick Jones is sponsoring the legislation and states the tests are both effective and affordable. Another selling point—they could minimize the current methods of dealing with suspected drugged drivers, requiring warrants and blood draws.

According to The Free Press, the detections machines work on a bit of saliva from the person’s mouth. It can reportedly detect marijuana, cocaine, meth, and other drugs within six different categories. Currently, the state uses such tests on parolees but never before as a roadside detection method.

One has to question the reliability of these machines and the training that will be required for the officers planning on using them. If they are anything like breathalyzers, they may occasionally give false readings due to calibration or error in usage. If legislation is passed, I foresee this being an issue down the road.

According to the deputy director of NORML, the National Organization for the Repeal of Marijuana Laws, the roadside testing could potentially help law enforcement though he also questions the reliability of the devices and their actual effects on public safety.

Currently, if you are found to be under the influence of any illegal drug while behind the wheel, you can be charged with drugged driving. Similar to driving under the influence of alcohol, you can face OWVI or OWI charges. Both of these carry the potential for jail time, fines, and license suspension.

While drunk driving is a far more common charge than drugged driving, this could potentially change if the legislation allowing roadside drug testing is passed. Regardless of what you are accused of being under the influence of, however, you will need someone on your side to make sense of the charges and help you weigh your options.

If you’re facing OWI charges, contact our attorneys today to discuss the case against you.

Depending on the specific circumstances, we may be able to challenge the evidence against you in hopes of getting the charges reduced or dropped altogether.

A registered medical marijuana user and local activist filed a petition with the Detroit City Clerk seeking to loosen the marijuana laws in the city. According to The Detroit Free Press, Tim Beck submitted the petition featuring 6,100 signatures and got a “job well done” from Clerk Janice Winfrey.

According to the Detroit News, the Clerk has 10 days to verify the signatures before passing the petition on to the Detroit City Council. From there the council has 90 days to vote on the item or pass it on to voters to make the decision in November. With legalization support at all time highs, Beck no doubt is hoping for the latter.

The proposed initiative would make it legal for residents to be in possession of up to one ounce of marijuana for personal use. Beck claims this measure has the potential to reduce some unnecessary spending in the budget.

In all honesty, not many are optimistic about the measure, even those who support it. Opponents will likely point to the belief that marijuana use leads to more serious drugs or that the legalization would run in contrast to state and federal laws.

Legislation like this is popping up all over the map this year as Californians will be going to the voting booth in November on the same issue. The War on Drugs is seen as largely ineffective by many and the recreational use of marijuana is surrounded by less and less stigma as time goes on.

Currently, however, if you are caught with a small amount of personal marijuana, you will face a criminal charge. Possession of marijuana in Michigan is a misdemeanor and carries up to 1 year in jail. Although the likelihood of you serving a year for a small amount of marijuana is not likely, the possibility is there.

If this is your first offense, there is a good chance we can have the charge conditionally discharged. This simply means you will be required to serve probation pre-trial. When the probationary period is completed satisfactorily, the charges are dropped.

If you are facing marijuana charges in Michigan, contact our attorneys for a phone consultation. Together we can discuss the options available to you under current marijuana laws.

Is a Picture Worth a Thousand Words? Or Just ONE….Guilty.

Recently, a British Newspaper published pictures of Olympic Gold Medalist Michael Phelps smoking a marijuana bong.  The Olympian has since apologized and called his behavior “inappropriate.”  The majority of Americans have accepted his apology, and chalked it up as a non-issue.  However, Richmond County (South Carolina) Sheriff Leon Lott is not as understanding.  Lott has indicated that he will charge the Olympian if he determines Phelps smoked marijuana in Richmond County.

“This case is no different than any other case,” Lott said Monday. “This one might be a lot easier since we have photographs of someone using drugs and a partial confession. It’s a relatively easy case once we can determine where the crime occurred.”

In today’s world, MySpace, Facebook, and other personal websites on the Internet are accessible every minute of every day for all to see.  A candid camera phone photo posted to a personal website might seem innocent, but you can be found guilty.  Now Sheriff Lott may find it a difficult task to actually substantiate a case against Michael Phelps considering he is unaware of the location, has not tested any substance, does not have any positive drug screen, or even whether the Olympian inhaled.

However, it is not so uncommon for individuals to be found in violation of probation conditions based upon similar candid photos.  It is unlikely anyone would post pictures of any illegal activities, however, pictures holding a beer, or in a bar, or even appearing intoxicated, may provide sufficient cause for a zealous probation officer or judge to file a show cause for violation of probation.  In many cases, an original sentence may allow for a defendant to prove himself or herself, but you can be assured that a sentence for a probation violation will not be so considerate.

Had Phelps “inappropriate” behavior occurred in Michigan, he could be subject to a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00, or both.  In addition, he could be subject to a lesser offense, Use of Marijuana, which is a misdemeanor punishable by imprisonment not more than 90 days or a fine not more than $100.00, or both.

by attorney Michael J. Boyle, Barone Defense Firm