The Nichols Law Firm is involved in a case that might clarify Michigan's medical marijuana law.

A Nichols Law Firm client no longer faces a mandatory minimum of 20 years in prison thanks to Mike Nichols.

When law enforcement officials execute a search warrant pursuant to an investigation of the illegal possession, delivery, or manufacture of controlled substances, this is often times followed with a seizure of property.

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)).

 Read Mark Eddy's review and analysis on the federal and state policy on medical marijuana.

In 2008, Michigan joined the other States who have enacted statutes allowing the use of marihuana for qualifying patients under strict guidelines. While Michigan’s Medical Marihuana Act permits qualifying patients to possess up to 2.5 ounces, or their primary care givers to grow up to 12 plants, (MCL 333.26421 to 333.26430), those patients are not protected from Federal prosecution. This creates a conflict of laws that has yet to be decided in the 6th Circuit.

Just because you have a prior conviction involving marijuana or other controlled substances, you are not prohibited from obtaining a medical marijuana certificate.

Mr. Bell represented a pair of teens in Northern Michigan charged with 6 offenses between them for operating under the influence of drugs, possession offenses and several motor vehicle code violations including speeding at 84 in a 55 mph zone. All but 2 of the charges were ultimately dismissed. The driver received a sentence of fines and costs without any probation, while the passenger received a deferral with an expungment when probation is completed in 6 months.

Charges of OWI were dismissed against a Nichols Law Firm client, who was allowed to plead guilty to Reckless driving instead. The client was charged with OWI and possession of marijuana after his vehicle was stopped early one morning shortly before the Christmas holiday.  "We were able to convince the prosecutor to dismiss the drug possession charge after groundbreaking Supreme Court decisions this spring" said Mike Nichols. "We then attacked the OWI charge and attack we did," Nichols added. The client was offered the plea agreement after motions were filed to suppress the evidence and the prosecuting attorney risked losing the case on the eve of trial.

Attorney Brendon Basiga was able to force a dismissal in a major drug case, based on the People’s inability to produce the necessary witnesses at a preliminary hearing.