Legal Question in Criminal Law in Michigan

For someone having a medical marijuana card in Michigan who gets caught with 4 ounces of pot, is that a misdameanor or felony, and who's to say wether the marijuana is smokable or not? I figured it had a couple more weeks to dry yet. This was back this past June.


Asked on 10/25/11, 9:57 am

1 Answer from Attorneys
Audra Arndt Audra A. Arndt & Associates, PLLC

posessing marijuana is against federal law which preempts any michigan/state law that says otherwise. Therefore, despite people thinking it is legal, it is not, and judges have found people guilty of possession because it violates federal law. There was a boom in head shops but now several have closed as it's not worth the risk until this gets sorted out in the appellate courts. This is true regardless of whether you have a prescription - still illegal due to he federal laws.

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Answered on 10/25/11, 5:36 pm


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