In The News

In The News

Thursday, May 8, 2014

Medical Marijuana Caregiver Has Charges Dismissed After Motion To Present An Affirmative Defense Is Argued

By Michael Nichols
Categories: Josh Covert, Medical Marijuana

Attorney Joshua M. Covert of the Nichols Law recently represented a client who was charged with two felonies involving marijuana.  The client was a medical marijuana patient and a caregiver to 3 other patients.  Despite being registered with the state as a patient and as a caregiver, the client’s home was raided pursuant to a search warrant issued by a Kent County Judge.  Mr. Covert met with the client and discussed the protections provided to her by the Michigan Medical Marijuana Act (MMMA).  Mr. Covert as an attorney who devotes a large part of his practice to defending patients and caregivers  knew that after listening to the client tell her story that she would have a good chance of asserting the affirmative defense as outlined in section 8 of the MMMA.  An affirmative defense under the MMMA requires the defendant to prove that there was a bona fide patient-physician relationship for each patient, that there was no more medicine than reasonably necessary to prevent an uninterrupted supply, and that the marijuana was for medicinal use. 

Mr. Covert then filed a motion and brief outlining his client’s defense and proceeded to hold an evidentiary hearing to determine if the affirmative defense would be available to his client and to determine if a dismissal was appropriate.  At the start of the second day of the hearing Mr. Covert and the prosecuting attorney discussed the possibility of agreeing to certain facts.  By the time the discussion had completed Mr. Covert and the prosecuting attorney were able to agree on the facts necessary for a dismissal under section 8.

“The outcome of this case illustrates why it is important to MMMA patients and caregivers to stand up for their rights as cardholders, my client had been offered many plea offers during the process but every time she stood firm and refused to admit that she did anything to violate the MMMA and ultimately after several months her case was dismissed weeks before trial” says attorney Covert.  If you are a patient or caregiver under the MMMA and facing criminal charges, call the Nichols Law Firm at 517-432-9000 and speak with attorneys who are familiar with the defenses under the MMMA.  

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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.