Possession of marijuana with the intent to deliver is a serious crime in Michigan. So is manufacturing or cultivating marijuana which can be charged if a medical marijuana grow operation is not strictly in accordance with the Michigan Medical Marijuana Act.
Prosecutors will charge a caregiver with a few too many plants or usable marijuana with a felony despite the fact that the caregiver believe they were operating within the law. The MMMA requires each grower possess an amount of plants that does not exceed what is permissible by the Act that is locked in an enclosed facility with no other person’s having access. If there are two caregivers in the house each with five patients, each caregiver can have 60 (12 for each) plants which must be separated. The other caregiver cannot have access to anything but their own plants. Further, patients can have access to only their plants. If they had a key to their plants plus another patient’s, the act has not been complied with and the section 4 protections can be lost.
It is important to understand that delivery of marijuana simply means knowingly giving the marijuana to another person. It is not necessary that money or anything else be exchanged. In the state of Michigan, the following are penalties for convictions of possessing marijuana with the intent to deliver:
- Possession of fewer than 20 marijuana plants or less than 5 kg of marijuana is a 4-year felony with a fine up to $20,000.00.
- Possession of between 20 and 200 marijuana plants or between 5 kb and 45 kg of marijuana is a 7-year felony with a fine up to $500,000.00
- Possession of over 200 marijuana plants or over 45kg of marijuana is a 15-year felony with a fine up to $10,000,000.00.
If you have been arrested for a delivery or possession with the intent to deliver marijuana offense then you must retain the best drug defense attorney in Michigan to get the best outcome. Barton Morris is considered the top drug defense attorney in Michigan. Because of his reputation with prosecutors and judges as a top drug defense attorney, Barton Morris obtains amazing results that others cannot.
Delivery or Intent to Deliver Marijuana Defenses
Barton W. Morris, Jr., has been successful in defeating possession of marijuana charges in Michigan by asserting some of the following effective defenses:
Michigan Medical Marijuana Act
Registered patients and caregivers may be able to assert the Michigan Medical Marijuana Act as an affirmative defense to a possession or manufacture of marijuana charge. Even without a medical marijuana card, a doctor’s diagnosis can serve as a valid defense. You must prove by the preponderance of the evidence that (1) a legitimate doctor/patient relationship exists, (2) the doctor reviewed your past and current medical condition, (3) the doctor stated orally or in writing that the use of medical marijuana is likely to have a therapeutic or palliative benefit to you and (4) an amount not more than necessary was possessed.
For this reason, an experienced criminal defense attorney like Barton W. Morris, Jr., is necessary for your success.
Illegal Search and Seizure
It is important to understand that the police do not have authority to simply search you or your belongings just because they want to. The 4th Amendment of the United States Constitution protects you from such unreasonable searches. The police must have probable cause before they can search you or any of your belongings. These types of constitutional violations occur most often in vehicles.
If the police searched you without probable cause, or if the police somehow coerced you into agreeing to be searched, any evidence seized (usually drugs) will be suppressed by the court. No evidence means – no conviction!
Barton W. Morris, Jr., has defeated more possession of marijuana charges to count based on the police conducting an unlawful search and seizure. Remember, just because you were caught with something illegal does not mean the evidence was obtained legally. You will need an attorney like Barton W. Morris, Jr., to ensure your rights are protected.
Lack of Knowledge
Another good defense is lack of knowledge of the presence of the marijuana or lack of the ability to possess the contraband. Lack of knowledge is actually an Affirmative Defense, which means if Barton W. Morris, Jr., can prove that you didn’t know that the substance you had was marijuana, your case must be dismissed.
If the marijuana was found in a place where more than one person had access, the prosecutor would have the burden of proving that (1) you knew the marijuana was present, and (2) you had dominion and control over it.
For example, if you borrowed a friend’s car and happened to be stopped by the police, and the police found marijuana in the glove box or trunk, the police would be unable to convict you on a possession of marijuana charge unless they could prove that you knew the marijuana was there!
Or, suppose you and a friend were driving and your friend had a little bag of marijuana that he decided to sit on, or place between his feet. If the police were to pull you over and see your friend’s marijuana, they would be unable to convict you on a possession of marijuana charge because your friend is the only person who had dominion and control over it!
Remember, the prosecution must prove that you did not have knowledge and did not have the ability to have control over the marijuana. Without proof, there can be no conviction = NOT GUILTY.
Contact Michigan’s Top Marijuana Defense Attorney
If you have been charged with a drug crime in the Oakland, Wayne or Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy or any surrounding area and want the best defense, call Michigan Criminal Attorney Barton Morris at (248) 541-2600. Attorney Morris has enjoyed a very successful and distinguished career as a trial lawyer. He is known for his trial preparation by fellow attorneys, judges and clients alike. As a trial attorney, he is dedicated to attaining justice in every case. Mr. Morris fights for his clients and does not just plea them guilty.
Not only does Barton Morris have extensive experience, he also engages in continuing legal education to provide the highest quality legal services. Barton has received specialized scientific training through the American Chemical Society. He attended the prestigious Trial Lawyers College and serves on its Alumni Association Board of Directors. His firm is prepared to take on complex legal issues with success. Barton Morris was chosen as a Top Lawyer of Metro Detroit for 2012-2014 for DUI/DWI and criminal defense by DBusiness Magazine. Barton Morris was also chosen as a Super Lawyer in Criminal Defense for 2014-2016 and Barton Morris is the only Lawyer in Michigan designated by the American Chemical Society as a “Forensic Lawyer-Scientist”