Marijuana arrests and charges in Michigan are becoming rampant and out of control throughout Michigan. Even with the passage of the Medical Marijuana Act, also known as "MMA", many police agencies are arresting individuals who possess a patient or caregiver medical marijuana card in Michigan for presumably failing to adhere to the rules, procedures, and requirements of the MMA.
Possession of marijuana or use of marijuana is illegal in Michigan unless you have complied and lawfully obtained a medical marijuana card. Possessing the card does not necessarily mean that you are automatically free from prosecution for a criminal misdemeanor or a felony charge.
Manufacturing and delivery of marijuana is a felony in Michigan and unless you have complied with the strict rules and regulation of the Medical Marijuana Act in Michigan, you could be faced with a marijuana drug charge if the police obtain evidence that you are over the legal limit for possessing marijuana plants or the quantity of usable marijuana.
Michigan marijuana law differs from other states' marijuana laws, such as Colorado and Washington, who allow the use of marijuana almost freely to any of their citizens. In Michigan, anyone caught with marijuana on their person or even in their car or home, can be charged with possession of marijuana, use of marijuana, delivery and manufacturing of marijuana, and even possession of marijuana paraphernalia (such as pipes, zig zags and the like) unless they possess a medical marijuana card and are in full compliance with the Act. Otherwise, anyone can be charged with a misdemeanor or a felony marijuana charge and hauled into court to answer the charge against them.
Too often, MMA patients and caregivers with a valid medical marijuana card are charged with a crime thinking they are following the law, however, police misinterpret the law and determine that the MMA is inapplicable to the person, even if the circumstances are beyond one's control, such as the quantity of plants and usable marijuana in their home, car or person.
Just like any other criminal charge, the first step in a marijuana drug charge case is to evaluate the police evidence against you. This is probably the most critical aspect of your case and should not be overlooked. Second, your drug defense attorney must determine whether the police had any reason to stop or investigate you. Third, whether the police had probable cause to seize and arrest you for any marijuana charge. And lastly, determine all available legal strategies and plea options for your particular situation in order to avoid a criminal conviction on your record. The last step is your criminal attorney should take into account and keep in mind the ramifications of a conviction to your personal life, including employment, license, immigration status, and reputation.
It is absolutely essential that when you hire a marijuana defense attorney, he or she should be skilled and well versed in the ever-changing marijuana laws in Michigan, especially if you are an MMA patient or caregiver. Your criminal defense attorney should possess the skill and knowledge on how to best protect your rights and help you navigate through the court process as efficiently and quickly as possible. Your marijuana defense attorney should be able to understand all of the different techniques and strategies to prevent any blemishes on your record. For example, 7411 is one option as well as HYTA, if you are eligible and the Judge grants it to you. However, there are other options available if you do not qualify for these diversion programs. Each case is different and should be analyzed under the eyes of a microscope.
Arrests for possession of marijuana in Michigan have been widespread throughout the Metro Detroit Area and without a skilled criminal defense attorney at your side, you may end up with a criminal conviction that will stay on your record for the rest of your life. Don't make the mistake of simply representing yourself and having it to come back to haunt you. Furthermore there secondary consequences from a drug conviction, including loss of your driving privileges, loss of employment opportunities, educational goals, suspension of professional licenses, your reputation and livelihood.
Now more than ever, several police agencies in Oakland County, Macomb County, Washtenaw County, and Livingston County have been very aggressive in charging individuals with possession of marijuana, use of marijuana, possession of narcotics and delivery and manufacturing of marijuana.
Don't be another statistic. Don't just plead guilty. If you have been charged for possession of marijuana, use of marijuana or delivery of marijuana in Michigan, regardless if it's a first-time misdemeanor charge or a felony, contact Attorney Daniel D. Hajji for a free initial phone or office consultation and case evaluation analysis.