Josh Covert

In The News

Tuesday, May 15, 2012


By Michael Nichols
Categories: Josh Covert

The Michigan Court of Appeals recently released an unpublished opinion in which the court shut down a medical marijuana user’s right to the protection of the Michigan Medical Marijuana Act. The Court of Appeals denied the Defendant Lewis Keller’s appeal.  Mr. Keller was a Michigan Medical Marihuana Act (MMMA) patient and cardholder who was allowed under the MMMA to possess up to 12 plants provided the plants were kept in a locked and enclosed facility.

 Mr. Keller was found to be in possession of 15 plants that were growing in his back yard.  Some of the 15 plants were in the vicinity of metal fencing that had yet to be erected.  The trial court found that Mr. Keller had acted outside of the protections provided by the MMMA because he was over the 12 plant limit and the plants were not kept in a locked and enclosed facility.
Mr. Keller had asked the Court of Appeals to determine that the trial court did not include the element of “intent” or “knowingly” possessed in the instructions to the jury.  Mr. Keller also argued to the Court of Appeals that the locked and enclosed facility requirements of the MMMA were unconstitutionally vague.   Mr. Keller’s trial counsel did not properly preserve these key issues for appeal. 
Had these arguments been properly preserved at trial, Mr. Keller may have had a different outcome. If you are a MMMA patient and have been charged with acting outside of the MMMA’s protections, you need a lawyer who understands the provisions of the MMMA and the importance of preserving arguments for appeal. Contact the lawyer dedicated to your rights, with a master’s of law concentrating on criminal law.

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Peer Recognition

Mike Nichols is a national leader in drunk driving defense. He is a member of the Forensic Committee and Michigan delegate to the National College for DUI Defense. He is also a Sustaining Member of the College. Nichols is also a founding member of the Michigan Association of OWI Attorneys; a member of the American Chemical Society; an associate member of he American Academy of Forensic Science, Adjunct Professor of Forensic Evidence in Criminal Law and OWI Law and Practice at Cooley Law School. He is also author of the West OWI Practice book and several chapters in other books on science and the law.

Mike Nichols is recognized by his peers in Michigan as a “SuperLawyer” in DUI/Criminal Defense. Nichols has also been asked to speak at conferences by groups such as the NCDD; Various Bar Associations in other states.