Medical Marijuana

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Medical Marijuana

 

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Sunday, August 27, 2017

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

Categories: Medical Marijuana

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Thursday, April 20, 2017

On this "420" City Council Still In a “Haze” on Developing Medical Marijuana Ordinance

Categories: Medical Marijuana

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Wednesday, April 19, 2017

How Dry I Am! A Case About Uncertainty; Language and the Michigan Medical Marijuana Act

Categories: Medical Marijuana

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Friday, November 18, 2016

Lansing Debates: Stability vs. Progress In Residential Medical Marijuana Cultivation Ordinance

Categories: Medical Marijuana

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Wednesday, January 14, 2015

Mike Nichols and Josh Covert Stand Tall During Trial in Major Medical Marijuana Trial

Categories: Medical Marijuana

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Monday, December 1, 2014

Michigan Court Of Appeals Grants A New Trial For Medical Marihuana Patient: How the 6th Amendment of the Constitution Helped

Categories: Medical Marijuana

 A medical marihuana patient (Mr. Heminger) in the Upper Peninsula received good news this week when the Michigan Court of Appeals overturned his conviction for manufacturing marijuana and granted him a new trial.  

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Thursday, November 6, 2014

Michigan's Medical Marijuana Attorney Josh Covert: Several Michigan Municipalities Join the Legalization Movement

Categories: Drug Crimes, Josh Covert, Medical Marijuana

 The trend to make marijuana legal continued in Michigan this November. 

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Thursday, August 7, 2014

Medical Marijuana Movement Now Becomes Legalization Movement: Hazel Park and Oak Park Join Decriminalize Marijuana Possession

Categories: Josh Covert, Medical Marijuana

 Citizens in two Michigan cities, Oak Park and Hazel Park, voted August 5th to decriminalize the possession of an ounce or less of marijuana provided that an adult possesses it and it is possessed on private property.

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Thursday, July 24, 2014

Testing Positive For Marijuana While On Probation Does Not Mean Use Was Recent

Categories: Drug Crimes, Josh Covert, Medical Marijuana

 Does testing positive for marijuana while on probation mean a violation?

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Friday, May 30, 2014

How did Your Congressman Vote to Stop Federal Prosecutions of Medical Marijuana Patients

Categories: Michael J. Nichols, Medical Marijuana

 Shortly after midnight the United States House of Representatives voted to use the power of the purse to protect medical marijuana patients. 

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Thursday, May 8, 2014

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

Categories: Josh Covert, Medical Marijuana

 “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” 

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Tuesday, November 19, 2013

Good News and Bad News for Michigan Health Care Patients Who Need Marijuana: Senate Approves Pharmaceutical Sales but with Strings Attached

Categories: Josh Covert, Medical Marijuana

 On Wednesday the Michigan Senate passed senate Bill 660 which could allow medical marijuana patients to obtain their medicine from pharmacies.   

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Friday, November 15, 2013

When Kidnapping Isn't Criminal

Categories: Josh Covert, Medical Marijuana

 A Young Michigan Medical Marijuana Attorney Stands by His Principles and Teaches Child Protective Services How to “Just Say No” to Government Abuse

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Tuesday, October 15, 2013

Charges of Operating with the Presence of Marijuana Dismissed

Categories: Drunk-Driving, OWI, Josh Covert, Medical Marijuana

 Nichols Law Firm client facing criminal charge for second offense of driving while under the influence of drugs receives a reckless driving instead

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Monday, September 23, 2013

Attorney Joshua Covert Defends Parents Whose Daughter Was Taken Away From Their Home Because Of Their Medical Marihuana Use

Categories: Josh Covert, Medical Marijuana

 Attorney Joshua Covert Defends Parents Whose Daughter Was Taken Away From Their Home Because Of Their Medical Marihuana Use

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Tuesday, July 23, 2013

Recent Court Of Appeals Opinion Drastically Alters The Landscape Of Michigan’s Medical Marihuana

Categories: Josh Covert, Medical Marijuana

Last week the Michigan Court Of Appeals issued an opinion in People v Carruthers that limits the types of medicine that can be possessed by medical marihuana patients. 

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Friday, June 28, 2013

Michigan Medical Marihuana Patients No Longer Protected By Section 4 Of The MMMA When Transferring Medicine To Another Patient

Categories: Josh Covert, Medical Marijuana

Last Week the Michigan Supreme Court issued an order in People v Green which reversed an earlier ruling by the Michigan Court Of Appeals. 

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Wednesday, May 22, 2013

Drunk/Drugged Driving Defense Attorney-Author and Law Professor On Marijuana Patient Treatment

Categories: Michael J. Nichols, Drunk-Driving, OWI, Medical Marijuana

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Sunday, April 21, 2013

Marijuana Users and Patients Targeted on the Famous "4.20" Day of Celebration

Categories: Drug Crimes, Minor in Possession, Medical Marijuana

Many people still view that both 4/20 and 4:20 are "code words" when in reality law enforcement officers and others are aware of the date and time significance.

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Monday, April 8, 2013

Several Changes To The Michigan Medical Marihuana Act (MMMA) Take Effect April 1, 2013

Categories: Josh Covert, Medical Marijuana

The new laws help by clearing up some of the confusing sections of the MMMA by defining some terms like "locked and enclosed facility" and "bona fide physician patient relationship" but at the same time the laws add to the confusion by criminalizing the illegal transport of useable marihuana without providing adequate direction to those who transport useable marihuana. 

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Monday, February 11, 2013

The Michigan Supreme Court Rules That Medical Marihuana Patients Cannot Legally Transfer Marihuana To Other Patients

Categories: Josh Covert, Medical Marijuana

This means that it would be within the MMMA to receive marihuana if you are a patient but not to give or sell the medicine to another patient.

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Monday, February 11, 2013

Michigan Court Of Appeals Ruling Suggests That If You Go On Vacation Your Home May Be Searched Without A Warrant

Categories: Medical Marijuana

The officers first tried calling Mr. Hill’s phone number but there was no answer.  They then found an unlocked window and opened it up so that they could call out Mr. Hill’s name.  After there was no response, the officer’s decided to enter Mr. Hill’s home to make sure he was not in distress.  Once inside the officer found marijuana growing in a bedroom closet. 

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Tuesday, February 5, 2013

The Michigan Court of Appeals Allows Patient to Patient Transfers of Medical Marijuana

Categories: Medical Marijuana

Michigan Court of Appeals denied the prosecutors appeal and held that registered medical marijuana patients may obtain marijuana from other patients as long as the marijuana is not sold. 

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Tuesday, January 29, 2013

Good News For Client Of The Nichols Law Firm Who Was Charged With Violating The MMMA

Categories: Medical Marijuana

 “I feel that asserting the affirmative defense definitely gives us a leg up at trial.  It is important to remember that the MMMA was a voter initiative and that it was passed in every county in Michigan and that it passed by an overwhelming majority” 

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Friday, January 25, 2013

Michigan Court Of Appeals Releases Another Opinion Addressing the Michigan Medical Marihuana Act

Categories: Medical Marijuana

 The Michigan Court of Appeals just released an opinion, People v Argo, that once again illustrates that defendant’s charged with violating the Michigan Medical Marihuana Act (MMMA) are entitled to an evidentiary hearing to determine if they may assert a section 8 affirmative defense. The Court of Appeals also looked into whether or not the prosecutor committed prosecutorial misconduct.  

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Sunday, January 6, 2013

Supreme Court Rules That Marihuana Cooperatives Are Illegal But Allows Defendant To Assert Affirmative Defense

Categories: Medical Marijuana

The Michigan Supreme Court recently issued their second opinion addressing the Michigan Medical Marihuana Act (MMMA)

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Tuesday, November 13, 2012

THE MOVEMENT TO DECRIMINALIZE MARIHUANA GAINS GROUND IN MICHIGAN

Categories: Medical Marijuana

 On Election Day, voters in several Michigan cities voted to decriminalize personal possession of small amounts of marihuana.  

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Sunday, November 4, 2012

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

Categories: Medical Marijuana

Federal government continues to criminalize the medical use of marihuana marihuana

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Thursday, September 20, 2012

COURT OF APPEALS DECISION PUTS ALL MEDICAL MARIHUANA PATIENTS IN RISK OF HAVING THEIR HOME SEARCHED IF POLICE HAVE EVIDENCE THAT MARIHUANA IS PRESENT

Categories: Medical Marijuana

  On August 28, 2012, the Michigan Court of Appeals released an opinion that held that police officers are not required to determine if a suspect is a medical marihuana patient before seeking a search warrant.

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Wednesday, August 15, 2012

GOOD NEWS FOR TRAFFIC STOP OF MEDICAL MARIHUANA PATIENT RESULTS IN POSSESSION OF MARIHUANA CHARGES

Categories: Medical Marijuana

After months of working with the prosecution attorney Joshua Covert was able to demonstrate to the prosecution that the client was protected under the Michigan Medical Marihuana Act. 

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Monday, August 6, 2012

MICHIGAN COURT OF APPEALS HOLDS THAT LOCAL ZONING ORDINANCE IS VOID BECAUSE OF CONFLICT WITH THE MEDICAL MARIHUANA ACT

Categories: Medical Marijuana

The Michigan Court Of Appeals recently held that a City of Wyoming zoning ordinance is void because it directly conflicts with Michigan’s Medical Marihuana Act (MMMA) and it is not preempted by the federal Controlled Substance Act (CSA).

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Friday, June 29, 2012

MICHIGAN COURT OF APPEALS HOLDS THAT MEDICAL MARIHUANA PATIENTS ARE NOT REQUIRED TO HAVE REGISTRY CARDS IN IMMEDIATE POSSESSION IN ORDER TO AVOID PROSECUTION

Categories: Medical Marijuana

In People V Nicholson, the defendant, James Nicholson, was charged with possessing marihuana in violation of MCL 333.7403(2)(d).  Mr. Nicholson was arrested after police discovered him in possession of approximately 1 ounce of marihuana.

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Wednesday, May 2, 2012

WHEN POSSESSION OF MEDIBLES CARRIES GREATER RISK

Categories: Drug Crimes, Medical Marijuana

Medibles are interesting from a legal perspective because they only contain a small percentage of marijuana in comparison to the medibles weight.

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Sunday, April 29, 2012

THE SCIENCE OF MARIJUANA IDENTIFICATION AND MEASUREMENT IN THE HUMAN BLOOD

Categories: Drug Crimes, Medical Marijuana

The Court of Appeals has issued an opinion that means that a sick person who is certified to use marijuana to treat nausea, chronic pain or other symptoms, still cannot drive regardless of how long ago the person used marijuana or whether the person is impaired by marijuana, so long as THC is detectable in their bloodstream.

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Thursday, April 19, 2012

MICHIGAN OWI-OWID LAWYER MIKE NICHOLS SAYS YOUR USE OF MEDICAL MARIJUANA IS NOT A POLICE OFFICER’S BUSINESS AND YOU SHOULD NOT DISCLOSE YOUR STATUS AS A PATIENT IF YOU DO NOT HAVE YOUR MEDICINE IN YOUR POSSESSION

Categories: Drug Crimes, Medical Marijuana

“I read the language in the medical marijuana act that only prohibits driving while under the influence OF marijuana as creating an exception; in other words so long as the person is not under the influence of their medicine they can drive.”

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Thursday, April 8, 2010

Providing a Place to Smoke Medical Marijuana is Risky

Categories: Drug Crimes, Medical Marijuana

One of the more controversial statutes enacted in the recent past is Michigan’s Medical Marihuana Act (the statute spells “marijuana” with an “h” as opposed to a “j”). The statute provides clear guidance on who is protected: “A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty”, so long as that qualifying patient does not possess more than 2.5 ounces and 12 plants (MCL 333.26424(a)).

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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.