Michigan Criminal Defense Lawyer Blog

Michigan Opens Medical Marijuana Growing Business to Large Scale Operators

Published on: October 11, 2017 | by Patrick Barone

Michigan will let large marijuana growers apply for and obtain multiple licenses in a single location. Michigan’s Department of Licensing and Regulatory Affairs recently published an advisory bulletin that will allow a licensee to apply for multiple, or stacked, class C grow licenses. Each class C license allows a grower to cultivate up to 1,500 marijuana plants in one location.

One person or business can apply for an unlimited number of Class C licenses, which allows mega-marijuana growers to compete in Michigan’s marketplace. The Department of Licensing and Regulatory Affairs explained that offering stacking of the licenses will allow medical marijuana growers to operate more efficiently, which helps consumers.

Critics opine that the large growers will squeeze the smaller operators out of Michigan’s lucrative medical marijuana industry. Michigan’s medical marijuana business is expected to generate over $700 million and $20 million yearly in tax revenues.

Michigan Announces Required Medical Marihuana Testing Points

Published on: October 5, 2017 | by Patrick Barone

One of the goals of Michigan’s new medical marijuana laws was to increase product safety, and so, one of the five available commercial licenses are for compliance labs. The law is not totally specific as to what the compliance labs will do, nor are they entirely specific as to what types of testing will be required. Consequently, LARA is charged with the role and responsibility of “filling in the gaps” and this is done through the promulgation of administrative rules. The full set of administrative rules are due out in December 2017.

In the meanwhile, LARA has released an advisory that assists compliance lab licensees in understanding what type of testing will be required and allows other license holders to know when testing is optional or required. According to this advisor, LARA has indicated that testing must occur in the supply chain at the following points:

After harvest: Harvested marihuana must pass required tests before it is transferred from a grower to a processor or a provisioning center. The nature of these tests, tolerances, what constitutes a pass/fail, etc. is not set forth in this advisory.

When May I Lawfully Transport a Pistol in My Car?

Published on: September 12, 2017 | by Patrick Barone

If you own any kind of firearm in Michigan, chances are good that at some point you will want to transport that weapon using a motor vehicle. Doing this responsibly requires some knowledge of the law, and if you are uncertain how the law applies to your situation, then you may consider contacting one of the Michigan Gun Crimes Lawyers at the Barone Defense Firm.

As a general principle, any time you have a firearm in a motor vehicle, that weapon is considered concealed. This is true whether the firearm is open and obvious inside the vehicle or not. Carrying a concealed weapon is a five-year felony in Michigan. There is no such thing as “open carry” inside a car. A violation of this law is a five-year felony. See Michigan Compiled Laws Sec. 750.227. Persons with a valid Concealed Pistol License (CPL) are exempt from this law.

If you have a CPL, then you may carry a loaded pistol inside the passenger compartment of a motor vehicle anytime you like. However, if you do not have a CPL a whole different set of rules applies, and it is important for you as a gun owner to understand these rules. Otherwise, you might inadvertently find yourself charged with serious felony.

Michigan Medical Marijuana Licensees Must Obtain Business Insurance

Published on: September 11, 2017 | by Patrick Barone

If you are interested in obtaining one of Michigan’s five commercial Medical Marijuana licenses, then as part of the application process you will need to demonstrate that you have the financial ability to obtain and maintain adequate premises liability and casualty insurance for its proposed marihuana facility. See MCL § 333.27402(2)(e). What is “adequate” is not otherwise defined by statute, though it may be set for the administrative rules when they are promulgated later this year.

LARA and the Michigan Medical Marijuana Board have the right to set rules when necessary that are related to the administration, implementation, and enforcement of the Michigan Medical Marihuana Act. Some examples of appropriate rules include setting appropriate standards for marijuana facilities and their equipment. In addition, they can establish minimum insurance levels that licensees must meet.

Also, the Medical Marijuana Act specifically requires that you obtain insurance to reimburse someone for bodily injury suffered because of the manufacture, distribution, transportation, or sale of adulterated marijuana or adulterated marijuana-infused product. The insurance must be for at least one hundred thousand ($100,000.00) dollars. However, since obtaining insurance can be difficult considering marijuana remains a “schedule 1” drug, the proof of financial responsibility may be in the form of cash or unencumbered securities or a constant value bond. You are not allowed to cancel your insurance as required unless you give 30 days’ notice to the department, and provide a reasonable and acceptable substitute. See MCL § 333.27408 Proof of financial responsibility.

How Not to Obtain a Commercial Medical Marijuana Permit in Michigan!

Published on: May 31, 2017 | by Patrick Barone

Last year Michigan passed sweeping legislation ushering in the age of commercial medical marijuana. There are five different kinds of commercial licenses available, including those needed to commercially grow, transport and sell marijuana. The administrative rules have yet to be written, so it’s not clear exactly how many licenses will be available. However, entrepreneurs hoping to cash on the “gold rush” are already starting to lay the groundwork for their future business enterprises.

Once such entrepreneur was a restaurant owner who allegedly attempted to bribe Garden City workers into guaranteeing him a commercial marijuana license. Apparently, he gave an envelope filled with $15,000.00 in cash to a Garden City official. He didn’t know at the time that he was actually handing the money over to an FBI agent.

In addition to whatever federal crimes this person may have broken, he also violated state law. According to Michigan’s Penal Code, section 750.117, it is unlawful to give things of value to public officials, the intent or purpose of which is to influence the act, vote, opinion, decision or judgment of such public officer. This would include a medical marijuana permit. A violation of this law is a felony.

The Misleading Concept of Alcohol Tolerance in Michigan DUI Cases

Published on: May 25, 2017 | by Patrick Barone

Many judges, prosecutors, and defense attorneys have mistaken beliefs about alcohol tolerance. In a drunk driving trial, these mistaken beliefs can lead to misleading arguments which might further lead to wrongful convictions. A recent article from the peer-reviewed science journal article Psychopharmacology[i] helps support a defense lawyer’s attempt to preclude a wrongful conviction based on these misleading arguments.

Generally speaking, most drunk driving trials include observations of the police leading up to the arrest and a subsequent breath or blood test, generically called a “chemical test.” Therefore, winning a drunk driving trial requires reasonable doubt as to both.

Issue With Alcohol Tolerance

There are many ways to approach the defense of a drunk driving crime, and a defense should always be matched to the facts and science of a particular case. However, one way to explain to jurors that there is a reason to doubt the chemical test is to show that there is a disparity between the breath or blood test result and the physical and mental condition of the driver. This might occur in cases where the driver performs well on the field tasks, such as the one-leg stand or walk and turn. This evidence, usually collected at the roadside, is often referred to as the “observational evidence.”

Driver’s License Sanctions for First Offense Drunk Driving Convictions in Michigan

Published on: May 24, 2017 | by Patrick Barone

If you have never been arrested for drunk driving before in Michigan, or anywhere else in the country, then there are three possible drunk driving charges in Michigan. The driver’s license sanction for each offense is described below.

High BAC/Super Drunk OWI

According to Michigan’s Criminal Code, section 257.625(c) a driver is considered “super drunk,” meaning they have a high BAC (bodily alcohol content) if that person has an alcohol content of 0.17 grams or more in their blood, breath, or urine.

Barone to Present a Michigan State Bar OWI Seminar

Published on: May 22, 2017 | by Patrick Barone

Barone Defense Firm founding partner Patrick T. Barone has been asked to present at the upcoming Solo and Small Firm Drunk Driving Update. This seminar, presented by the Michigan State Bar, will take place Thursday, May 22, 2017 from 6:00 – 8:00. The location is at the Western Michigan University Cooley Law School’s Auburn Hills campus. Food and light refreshments will be served, including appetizers, beer, wine and soft drinks. The cost is a very modest $20.00 for State Bar Solo and Small Firm section members, $25.00 for all others. Law Students are free.

This seminar will cover the basic nuts and bolts involved in the representation of those alleged to have driven under the influence of alcohol or drugs. Topics to be covered include pretrial proceedings, driver Assessment and Appeals matters, including driver license restorations and implied consent matters and trial practice. Patrick Barone will be presenting on the topic of trial skills. Mr. Barone has tried 100’s of drunk driving cases and frequently lectures locally and nationally on advanced trial skills, including most recently this past March at the Advanced OWI Seminar in Columbus Ohio.

Hearing Officer Brian Longman with the Michigan Secretary of State is also among the panelists. Mr. Longman will be speaking about implied consent matters, including available defenses, and more generally, how to conduct such a hearing on behalf of a client who is alleged to have unreasonably refused a breath or blood test.

Boyle Presents at Drugged Driving Seminar in Lansing Michigan

Published on: May 22, 2017 | by Patrick Barone

Imagine you have done nothing wrong but for a minor moving violation. You have not been drinking. You have not consumed any prescription or illegal drugs. You tell the officer the truth. But then you are arrested for suspicion of driving under the influence. This was the very unfortunate circumstance for not one, not two, but three Georgia women, all arrested by the same highly credentialed, drug specific trained, experienced police officer.[1]

This was the story that Michael J. Boyle shared with a conference room full of defense attorneys and prosecutors of WHY they were all there today. Those three women are not the only ones that end up wrongly arrested, and it is not only happening in Georgia, but in Michigan and in every other state. The only way to protect those from wrongly arrested, and potentially wrong convicted, is to have an attorney with the experience and knowledge to know how to handle the case.

On May 12^th and 13^th Attorneys from across Michigan gathered in Lansing for the first ever Seminar put on in concert by the Michigan Association of OWI Attorneys (MIAOWIA) and the Marijuana Law Section (MLS) of the State Bar of Michigan. The two-day Marijuana Criminal Law Seminar titled “Everything About Medical Marijuana in Michigan” covered a variety of current marijuana issues including Hot Topics, Search and Seizure, License Restoration, Section 4 and Section 8 Hearings, Marijuana Drug Recognition Evaluations (DRE), Chemical Testing for Marijuana, the most recent Michigan Case Law and Legislative Updates, and Marijuana and Driving in Michigan.

Where May I Carry My Concealed Weapon in Michigan?

Published on: April 26, 2017 | by Patrick Barone

If you have a concealed pistol license in Michigan, then you are free to carry your concealed weapon throughout the state. This means you can carry a gun with you while driving on streets or freeways, including rest areas, while shopping, eating at certain restaurants while walking in fairs and fairgrounds, neighborhood BBQs, many small (non-sports) entertainment facilities and many other places.

However, there are certain areas that are strictly excluded from your right to carry. These CPL exclusions are set forth in MCL sec. 28.425o.

CPL Exclusions:

Michigan Criminal Defense Law Blog

Issue With Alcohol Tolerance

High BAC/Super Drunk OWI

CPL Exclusions: