We Tackle Cannabis-Related Charges With Confidence
Despite the legalization of both medical and recreational marijuana use in Michigan, there are still certain crimes involving marijuana use that can result in criminal charges. The severity of the charges calls for hiring experienced criminal defense attorney who thoroughly understands cannabis laws is essential.
At Fausone Bohn, LLP, our attorneys have a vast array of knowledge on marijuana laws in Michigan. Each year we defend clients facing such charges and obtain favorable outcomes. All our clients receive the highest quality of representation and advocacy we have to offer no matter the severity of the charges they face.
We Defend Cannabis Businesses And Individuals Facing Charges
With recreational marijuana only being legalized in 2019, Michigan cannabis businesses are still working to overcome various legal hurdles. They must obtain the proper licensing requirements and comply with state regulations. We represent cannabis growers, sellers, processors, compliance facilities and transporters who have been charged with state and federal crimes to ensure their own futures and the futures of their companies are secured. We also defend individuals, including minors, who have been charged with marijuana-related offenses.
Former Prosecutors Who Know What You Are Up Against
As former prosecutors and adept defense attorneys, our proficiency has kept us equipped and well-versed in all types of marijuana situations including: possession, felony delivery, manufacturing or sale. At Fausone Bohn, LLP, we know the stages of the process and will navigate all your options with you including gently guiding you to treatment, if that is what’s required. Our objective is to put you in the best possible position to get help rather than punishment.
Michigan’s Top Cannabis Lawyers Are Ready To Help You
Understanding how cannabis laws can be violated and the penalties you face are crucial. Review your rights and options at our Northville office and call us at 248-468-4536. No matter where you are located in the Metro Detroit area, we are here to help all who are in need of representation. You may also email us online to receive candid answers to your questions.
By reviewing the below information, you will gain a better understanding of the maximum penalty the court could impose, based on various criminal acts.
Although the recreational use of marijuana has become legal in other states, in Michigan, the use of marijuana is still illegal. A person who uses marijuana which was not obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioner’s professional practice may be guilty of a misdemeanor. You may be subject to 90 days in jail, and up to $100 in fines. However, judges in Michigan courts have the discretion to determine whatever penalties they deem reasonable.
A person who knowingly or intentionally possesses marijuana without a valid prescription by a holder of a state issued medical marijuana card may be guilty of a misdemeanor. Unlike other states which determine punishment based on the amount of marijuana, in Michigan, possession of any amount is a misdemeanor punishable by up to 1 year in jail, up to $2,000 in fines, and up to a 6-month driver’s license suspension.
A person shall not manufacture, create, deliver, or possess with intent to manufacture, create or deliver marijuana. This includes growing or cultivating marijuana plants. Judges have the discretion to decide on sentences without being restricted by sentencing framework. The penalties vary depending on the amount of marijuana you are convicted of manufacturing, delivering, cultivating, processing or possessing with intent to sell/deliver.
- Less than 5 kilograms or fewer than 20 plants: up to 4 years imprisonment, and up to $20,000 fine.
- Between 5 to 45 kilograms, or between 20—200 plants: up to 7 years imprisonment, and up to $500,000 in fines.
- Between 45 or more, or 200 plants or more: up to 15 years imprisonment, and a fine of up to $10 million.
- License: if convicted of the above crime, license will be suspended for 6 months, without eligibility to get a restricted driver’s license for first 30 days of suspension. Second offense in 7 years – license suspended for 1 year without eligibility to get restricted license for first 60 days of suspension.
In 2008, Michigan passed a law to allow a person the use of medical marijuana. In order to be eligible for a medical marijuana card in Michigan, you must have an appropriate medical condition. There are numerous conditions which typically allow you to obtain a card, including, but not limited to cancer, glaucoma, HIV/AIDS, Alzheimer’s disease, hepatitis C, nausea, PTSD, muscle spasms, severe and chronic pain, seizures, and more. Thereafter, you may visit a medical marijuana doctor, where you may be prescribed medical marijuana for your medical condition if the doctor determines you are a qualifying patient. If you are prescribed medical marijuana, you will receive a certification and instructions on what you need to do to register as a legal medical marijuana patient in Michigan. After this process is complete, you will typically receive your medical marijuana card within 7—10 business day
Under Michigan law, you are entitled to grow your own marijuana for medicinal purposes, and are allowed up to 12 plants which must be maintained in a closed and locked area. You may become a caregiver and may legally supply a patient with medical marijuana. The law allows you to grow 12 plants for each patient. So, if you have 5 patients, you may grow 60 plants. Further, if you are a caregiver and also a medical marijuana card holder, you may grow an additional 12 plants for your personal use. Under that circumstance, you may possess up to 72 marijuana plants, so long as they are kept and stored as permitted by the Michigan Medical Marijuana Act. In December of 2016, Michigan enacted new medical marijuana laws which legalize medical marijuana dispensaries making it more easily accessible to patients, but the downfall being an added state tax on the dispensary.
If you are convicted of a crime, “HYTA” allows the conviction to be dismissed after you successfully complete probation. HYTA applies to persons between the age of 17 and 24. It is available for misdemeanor and felony charges. However, certain crimes such as capital offenses like murder, criminal sexual conduct, major controlled substances charges, and severe traffic offenses are generally excluded. Your case may be taken under advisement pursuant to HYTA – a probationary period – which can be as long as 3 years, and the terms typically require that the person does not pick up any more charges. They may be required to submit to drug and alcohol testing, perform community service, and attend rehabilitative programs. If a person successfully complies with the terms of the HYTA probation they may get the charge dismissed and keep the conviction off their record – public record of the case is sealed, no conviction is ever entered, and it is unsearchable as part of any public criminal history search. The purpose of HYTA is to help young people keep a youthful mistake off their record, essentially giving them a “second chance.” If you violate the terms and conditions of HYTA status, it may be revoked. Judges are reluctant to give HYTA status more than once; however, as with most criminal matters, it is in the judge’s discretion.
If you are convicted of a low-level drug offense (one that does not involve felony delivery/manufacture of marijuana, or other controlled substance) as defined by the statute, you are eligible for a delayed sentence pursuant to this statute, which allows you to have the case dismissed from your public criminal history. This second chance statute has some restrictions with regard to its application, about which you should consult with your attorney. You may also only receive one sentence for a qualifying drug offense under the statute during your lifetime.
Given that drug crimes carry severe penalties and other consequences, it is important to obtain knowledgeable legal counsel to build a solid legal defense when you have been charged with illegal marijuana possession or use. Attorney Mark J. Mandell has extensive experience handling cases related to the medical marijuana law. He can provide an aggressive defense on your behalf.