Medical Marijuana

In The News

Tuesday, November 13, 2012


By Michael Nichols
Categories: Medical Marijuana

On Election Day, voters in several Michigan cities voted to decriminalize personal possession of small amounts of marihuana.  Voters in Detroit passed Proposal M which decriminalizes possession of up to an ounce of marihuana for those over the age of 21.  If caught possessing less than an ounce those in Detroit will face a civil infraction and will not have a criminal record.  A similar measure also passed in both Grand Rapids and Flint.  Each of the three cities passed the ballot issues with about 60 percent approval. 

Ypsilanti also approved a marihuana related ballot measure.  Over 70 percent of Ypsilanti voters approved an ordinance which makes marihuana the lowest priority for law enforcement officers.  This is similar to a city charter amendment the city of Kalamazoo approved in 2011.   

On Election Day the city of Kalamazoo once again amended the city charter, this time allowing up to 3 medical marihuana dispensaries provided that the dispensaries pay a yearly $3,000 registration fee and are located in appropriate commercial districts.  This charter amendment is also contingent on People V McQueen a Michigan Supreme Court case currently under review.  “It is a significant step in the right direction and something that politicians have to consider especially when the charter amendment passed in Kalamazoo by almost a two to one margin” says attorney Joshua M. Covert of the Nichols Law Firm. 

Despite the Election Day results, marihuana remains illegal at the state level and federal level and because of that those in the cities that decriminalized the possession of marihuana still could face criminal prosecution if charged under state of federal law.  It is important to remember that even though some communities have decriminalized marihuana it is not legal in those communities and may give law enforcement officers reason to search a residence or vehicle if it is in plain sight.  Even though it has been decriminalized in some communities, law enforcement officers are still required to confiscate any marihuana they encounter.

If you a facing criminal prosecution for possessing marihuana call the Nichols Law Firm and speak with attorneys who stay up to date on marihuana related laws and ordinances.  Call (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.