Drug Crimes

In The News

Friday, June 1, 2012


By Michael Nichols
Categories: Drug Crimes

A bill was recently introduced in the Michigan House of Representatives that would reclassify marihuana as a schedule 2 controlled substance if it is used by qualifying individuals as provided in the Michigan Medical Marihuana Act.  Marihuana is currently a schedule 1 controlled substance.  Schedule 1 controlled substances are those substances that have both a high likelihood of abuse and no recognized medical use. 
Marihuana’s current status as a schedule 1 controlled substance has been the
subject of extensive debate since the Michigan Medical Marihuana Act was
approved by the voters in 2008. 

The bill if approved by both houses would provide protection to those medical marihuana patients who drive a motor vehicle because Michigan currently has a law that criminalizes the act of driving a motor vehicle with ANY presence of a schedule 1 controlled substance (MCL 257.625(8)). If it is reclassified as a schedule 2 controlled substance, the any amount or per se statute would no longer apply to medical marihuana patients and actual
impairment must then be shown for a successful drugged driving prosecution.

“House Bill 5681 would be step in the right direction in terms of protecting the rights of medical marihuana patients” says attorney Joshua Covert. Covert adds, “The bill was introduced by 4 state representatives and the representatives were members of both the democratic and republican parties.  It is nice to see that the bill has bipartisan support and
hopefully that will help the bill gather the votes needed for approval”

The new bill brings up an interesting question: if passed, how can marihuana remain a schedule 1 controlled substance when it is a schedule 2 substance for cardholders?  It appears that by classifying marihuana as a schedule 2 substance, even for a limited number of individuals, recognizes that marihuana does indeed have a legitimate medicinal use and therefore should never be classified as a schedule 1 controlled

if you are facing criminal charges a result of your status as a medical marihuana patient, it is important that you hire an attorney who is up to date on both the existing legislation as well as pending legislation.  Attorney Joshua Covert of the Nichols Law Firm is familiar
with the Michigan Medical Marihuana Act and is passionate about defending the
rights of medical marihuana patients.  Call the Nichols Law Firm today at (517)432-9000
or email Joshua at jcovert@nicholslaw.net.

Link to HB 5681


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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.