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Sunday, November 4, 2012

REGISTERED CAREGIVERS UNDER THE MICHIGAN MEDICAL MARIJUANA ACT (MMMA) NOT BEING PROTECTED

By Michael Nichols
Categories: Medical Marijuana

 A citizen of Big Rapids, Michigan, was sentenced in US District Court for conspiracy and manufacturing marihuana.  The defendant, John Marcinkewciz II, faces at least 5 years in prison for his actions.  Mr. Marcinkewciz was originally charged under state law but the prosecutor dismissed the case and federal charges were filed.  Mr. Marcinkewciz, who was a registered caregiver under the Michigan medical marihuana act, (MMMA) believed his actions were within the protections provided by the voters when they enacted the MMMA in 2008.

Despite the protections provided by the voters, Mr. Marcinkewciz was not protected under federal law.  This is because state medical marihuana laws do not supersede federal laws which criminalize marihuana. 

Attorney Joshua M. Covert states “it is amazing to me that the federal government continues to criminalize the medical use of marihuana marihuana.  17 states and the District of Columbia have recognized the medicinal use of marihuana and it is about time the federal government follows their lead.  I also believe it is just plain wrong for the Federal Government to continue its position that marihuana is not medicine especially when they own a patent for the use of Cannabinoids as antioxidants and neuroprotectants.”  (See http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.htm&r=1&f=G&l=50&s1=6630507.PN.&OS=PN/6630507&RS=PN/6630507). 

If you have been charged with manufacturing marihuana call the Nichols Law Firm and speak with an attorney who understands the MMMA.  Call Joshua M. Covert at 517-432-9000.  

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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.