In The News

In The News

Sunday, August 27, 2017

Matt Heos and Aaron Martinez On the MMFLA Board: A Stance Rooted in Bias But Not the Law

By Michael Nichols
Categories: Medical Marijuana

The MMFLA licensing board has met for its second of three scheduled meetings this year. A proposal ignited a firestorm at the meeting on 8.21.2017. The opening salvo was a motion by board member Donald Bailey of Traverse City, a former Michigan State Police Trooper, to close all caregiver based dispensaries statewide by September 5, 2017. Board-Members David LaMontaine and Vivian Pickard of Monroe and Bloomfield Hills stopped the motion from seeing approval, at least for now.

Mr. LaMontaine and Ms. Pickard noted that the board had zero evidence in support of the motion and wanted to hear from the public before considering the motion. Chairman Rick Johnson of LeRoy tabled the motion but suggested that it was inevitable. Many members from the public – almost in overwhelming numbers, seemed to ask collectively the question: “What will I do for medicine?”

Mr. Bailey, though a former law enforcement officer, is not an attorney and based his motion on a misguided interpretation of People v McQueen et al, 493 Mich. 135, 828 N.W.2d 644 (2013). Not all caregiver-based dispensaries operate outside of the 2008 Michigan Medical Marihuana Act. Mr. Bailey seems to hold the contrary opinion even though it is not supported by existing law.

What is more concerning, from an applicant’s point of view, is that the issue of “morality” is a significant factor in weighing MMFLA applications. Can one be “moral” if one operates a caregiver-based dispensary? The Board will meet again this year. The Nichols Law Firm will have staff and/or attorneys available to stay abreast and weigh in on any proposals before the board as necessary.

For the attorneys who are on the cutting edge of the law and who are committed to results, call the Nichols Law Firm at 517.432.9000.

#licensingattorneys #Medicalmarihuanafacilitieslicensingact #MMFLABoard #Michiganlawyers #EastLansinglawyers #PeoplevMcQueen

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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.