The Michigan Court of Appeals recently ruled that a Michigan medical marijuana patient cannot be prosecuted for illegal drug possession, despite not having proof of his or her registration at the time of arrest.
However, the court did say police were within their rights to arrest the patient, identified in court records as James RG Nicholson of Ottawa County, because he couldn’t establish proof of registration on the spot.
Prosecutors had argued that Nicholson was not protected by the medical marijuana law because he did not “possess” a registry identification card at the time of arrest in May 2011. He told police his registration card was in a car at his residence.
There are many uncertainties with the relatively new Medical Marijuana Act in Michigan. As if these matters aren’t complicated enough, often times these cases can by full of potential 4th Amendment issues as well.
It’s important that you have legal representation provided by an attorney who is both well versed in the most up to date Michigan law, as well being well versed in 4th Amendment law. You need an attorney who can ensure you get the best result possible.
About Nessel and Kessel Law
With more than two decades of experience, Nessel & Kessel Law is one of Michigan’s premiere litigation firms. Nessel and Kessel Law’s experience includes all Detroit, Michigan misdemeanor and felony charges, assault, auto theft, criminal sexual conduct, domestic violence, drug possession and trafficking, expungements, homicides, manslaughter, internet crimes, larcenies, home invasions, breaking and entering, probation violations, retail fraud, drunk driving, license restoration, traffic tickets, divorce, annulment and legal separations, child custody and visitation, child support and spousal support, restraining orders, personal protection orders, paternity, prenuptial and postnuptial, gay and lesbian family law issues, civil rights and constitutional violations, false imprisonment, forfeiture actions, police brutality, premises liability, wrongful arrest and wrongful death. Nessel and Kessel Law is located in Detroit, Michigan in the Penobscot building on the corner of Griswold and West Congress Street.
Contact Dana Nessel or Chris Kessel today at 313-556-2300 for an in-depth and confidential consultation regarding your rights.