Michigan Marijuana Defense Attorney
Expert Legal Defense for All Marijuana Charges in Michigan
Since the legalization of recreational marijuana in Michigan in November 2018, many people mistakenly believe marijuana charges aren’t serious. While adult-use marijuana consumption and possession is legal under state law, marijuana remains a Schedule 1 controlled substance at the federal level, carrying severe penalties.
Facing marijuana-related charges? Unhappy with your current marijuana attorney? Request a free consultation now.
Understanding Michigan Marijuana Laws
Michigan Regulation and Taxation of Marijuana Act (MRTMA)
Under the Michigan Regulation and Taxation of Marijuana Act (MRTMA), the following are allowed:
- Adults (21+) may possess up to 2.5 ounces of marijuana at one time
- Adults may possess up to 10 ounces and cultivate up to 12 marijuana plants in their residence
Penalties for possession beyond the allowable amount:
- First violation: Civil infraction punishable by up to a $500 fine only
- Second violation: Civil infraction punishable with a fine not more than $1,000
- Third and subsequent violation: Misdemeanor punishable with a fine not more than $2,000
After two violations for unlawful marijuana possession or consumption, every subsequent violation becomes a misdemeanor.
Michigan Medical Marijuana Act (MMMA)
The Michigan Medical Marijuana Act (MMMA), passed in 2008, provides protection for qualified patients and caregivers. Under Section 4, registered patients and caregivers who don’t exceed maximum allowable amounts are presumed to be using marijuana for medical purposes and cannot be prosecuted.
Who is protected by the MMMA?
- Patients diagnosed with qualifying debilitating medical conditions
- Caregivers who must be at least 21 years old with no felony drug convictions
Section 8 Defense requirements:
- A physician completed a full medical assessment of your condition
- The physician statement was obtained between MMMA enactment and your offense
- The amount in possession was reasonably necessary for uninterrupted medical access
- You were only growing, possessing, using, transporting, or delivering marijuana for medical purposes
Serious Marijuana Offenses Under Michigan Law
Despite legalization, several marijuana offenses remain felonies, including:
Types of Marijuana Charges We Defend
Possession of Marijuana
Possession of marijuana outside legal limits can lead to severe consequences, including:
- First offense: Misdemeanor, up to 1 year in jail
- Second offense: Felony, up to 2 years in jail
Common defense strategies for possession charges:
- Illegal Search and Seizure
The Fourth Amendment protects against unreasonable searches. Police must have probable cause before searching you or your belongings. If evidence was obtained illegally, it can be suppressed. - Lack of Knowledge
If you didn’t know marijuana was present or lacked control over it, the prosecution must prove you had knowledge and dominion over the substance. - Medical Marijuana Defense
Even without a medical marijuana card, a doctor’s diagnosis may serve as a valid defense under certain conditions.
Delivery of Marijuana
Delivery of marijuana means knowingly giving marijuana to another person – no exchange of money is necessary. Possession with intent to deliver carries significant penalties:
- Fewer than 20 plants or less than 5 kg: 4-year felony with fines up to $20,000
- Between 20-200 plants or 5-45 kg: 7-year felony with fines up to $500,000
- Over 200 plants or over 45 kg: 15-year felony with fines up to $10,000,000
Marijuana Trafficking
Federal marijuana trafficking charges typically involve large quantities (average of 200 pounds) and interstate or international transportation. The DEA and FBI pursue these cases aggressively.
Federal sentencing guidelines include:
- 100 kg/100 plants: Mandatory minimum of 5 years
- 1,000 kg/1,000 plants: Mandatory minimum of 10 years
The Safety Valve Exception may allow judges to sentence below mandatory minimums if:
- The offender has no prior criminal record
- No violence or firearms were used
- No injuries or deaths resulted
- The offender wasn’t a leader or organizer
- The defendant provided truthful information to the government
Marijuana DUI/OWI
Michigan’s marijuana DUI laws have changed significantly. Now, prosecutors must prove a driver was “under the influence of marijuana” to be guilty of a marijuana DUI, not just that THC was present in their system.
“Under the influence” means:
- The driver’s ability to operate a motor vehicle was significantly and materially affected
- They could no longer operate a motor vehicle safely
Evidence in marijuana DUI cases:
- Observation of actual driving (dash cam footage)
- Field sobriety tests (though designed for alcohol detection)
- Blood tests for THC (which have limitations)
Penalties for first offense OWI by marijuana:
- Probation up to two years
- Up to 93 days in jail (rarely imposed for first offenders without aggravating circumstances)
- Six points on driving record (OWVI is four points)
- Alcohol/drug abstinence and random testing during pre-trial supervision
Facing marijuana DUI charges? Contact our experienced attorneys today to defend your rights.
Consequences of Marijuana Convictions
Since marijuana remains federally illegal as a Schedule I drug, convictions can affect your life in numerous ways:
- Ineligibility for student loans and grant programs
- Disqualification from military service
- Difficulty finding employment
- Loss of driving privileges
- Trouble finding housing
Why Choose The Law Offices of Barton Morris
Specialized Expertise in Marijuana Law
Our attorneys have been successfully fighting for clients charged with drug crimes for 25+ years. We maintain a thriving cannabis practice, giving us unparalleled knowledge of marijuana laws in Michigan.
Barton Morris is widely recognized as one of Michigan’s premier marijuana defense attorneys:
- The only Michigan attorney certified by the American Chemical Society as a Forensic Lawyer-Scientist
- Presented to the Michigan State Police Forensic Science and Toxicology Department
- Contributed to the Michigan Impaired Driving Safety Commission’s report
- President of the Michigan Association of OWI Attorneys (MIAOWIA)
Our Approach to Marijuana Defense
We understand the disruption a drug conviction can cause in your life. Our defense strategies are built on:
- Aggressive defense of your constitutional rights
- Scientific expertise in challenging chemical tests
- Comprehensive knowledge of both federal and Michigan marijuana laws
- Belief in rehabilitation over punishment
- Personalized representation that treats you and your case with respect
We believe in rehabilitation over punishment and treat each case with the attention and respect it deserves.
Contact Us for a Free Consultation
Don’t risk defending yourself against marijuana charges. The consequences of a conviction are too severe. Our Michigan marijuana lawyers will guide you through the entire legal process with expertise and compassion.
Facing marijuana-related charges? Unhappy with your current attorney? Schedule a free consultation now by calling us at (248) 290-9812.
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