Drug cases took on a whole new dimension when Michigan voters passed the Medical Marijuana Act in 2008. Many people became anxious to use the Medical Marijuana Act as a defense. However, the Act has limited use and application. It is more important in a drug case to analyze the evidence that the prosecution or the government claims that it has against you and how it obtained that evidence. In other words, did the police conduct an illegal search to obtain some evidence without a warrant?
The Act can be a protection under the law for someone who is wrongfully accused of manufacturing marijuana. If the person is no more than a medical marijuana patient and took steps to treat with a doctor for a condition with symptoms that can be treated with marijuana or a caregiver, section 8 of the Act may provide a defense. The defense may be available under section 8 even if the person has not secured a "card" from the state of Michigan at the time that the police charge him so long as the person can prove that he saw a doctor regarding the use of marijuana for the condition prior to the arrest.
In other words, the Act can be and is intended to be legal protection for people who have been certified by a doctor as suffering from a condition that is legally recognized as the type that can be treated with marijuana. It is important to carefuly put together a "medical marijuana" defense and absolutely avoid simply "throwing it at the wall" if you think that the Act provides legal protection to you or your loved one charged with a drug crime in Michigan. You are prohibited from having marijuana in quantities that exceed certain amounts even if you are a qualifying patient. Carefully and precisely analyze your defense and assemble the evidence and witnesses that you need.
In many situations, police ask prosecutors to charge people as drug deliverers when the person is nothing more than a drug user. However, the overcharging technique is done with the objective of obtaining a quick plea agreement plus the cooperation of the person accused so that the police can find information about those who are engaged in trafficking or delivery. In larger cases, financial records and the ability to show income from legitimate sources can be important.
Mike Nichols of Lansing has handled successfully many drug cases. The East Lansing attorney has volunteered his time to help write policy recommendations to the Michigan Legislature on the implementation of the 2008 Michigan Medical Marijuana Act and led the effort to re-classify marijuana from a schedule 1 to a schedule 2 controlled substance under state law. Mike Nichols also volunteered his time to assist on the amicus curae (friend of the court) brief for the criminal defense attorneys of Michigan. Mike Nichols is also a member of the rules and laws committee of the criminal defense attorneys of Michigan and speaks frequently on behalf of the organization before the Michigan legislature and even the Michigan Supreme Court regarding changes in the law and rules of court in Michigan.