The Unlawful Transportation of Marijuana law outlined the proper method to transport medical marijuana. When it came into effect in 2012, those benefiting from medical marijuana were slapped with stipulations regulating the transport of their medicine. Under the act, a medicinal user of marijuana was required to enclose marijuana in a case in their trunk. If the car of a medical m
The Unlawful Transportation of Marijuana law outlined the proper method to transport medical marijuana. When it came into effect in 2012, those benefiting from medical marijuana were slapped with stipulations regulating the transport of their medicine. Under the act, a medicinal user of marijuana was required to enclose marijuana in a case in their trunk. If the car of a medical marijuana beneficiary did not have a trunk, the driver was required to keep marijuana enclosed in a case in an area inaccessible to the driver (the inaccessibility determined by the discretion of a particular officer). Violating the act was a misdemeanor, punishable by a potential 93 days in jail and $500 in fine.
Some background information is necessary before continuing. In 2014, Callen Latz was pulled over after attending a concert. Mr. Latz, a medical marijuana card holder who suffers from agonizing migraines and blindness in his right eye, was arrested for having a legal amount of marijuana, as defined by the 2008 Michigan Medical Marijuana Act, in his car. His service dog, Harvey, who was with him at the time, was sent to the county pound and Latz was charged with a crime.
But, Latz and his attorney fought the misdemeanor ruling, calling the law “predatory.” Eventually, the case reached the Michigan Court of Appeals, where judges sided with Latz, overturning his misdemeanor conviction. Subsequently, the predatory law was laid to rest.
The majority opinion states that the Michigan Medical Marijuana Act precludes Latz’s conviction. Furthermore, the ruling states, “…if another statute is inconsistent with the MMMA such that it punishes the proper use of medical marijuana, the MMMA controls and the person properly using marijuana is immune from punishment.”
The ruling goes on to say, “The illegal transportation of marijuana statute…unambiguously seeks to place additional requirements on the transportation of medical marijuana beyond those imposed in the MMMA.”
If a medical marijuana user is in compliance with the MMMA, they are immune from punishment. The MMMA supersedes any mandates placed on top of the act. Section 4 of the MMMA states that, “…a qualifying patient actively carrying the card is immune from arrest provided they are engaged in the medical use…” Medical use defined by the act as, “…the acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer, or transportation of marijuana or paraphernalia relating to the administration of marijuana to treat or alleviate a registered qualifying patient’s debilitating medical condition or symptoms associated with the debilitating medical condition.”
The outcome of People v Latz can tell us a lot about where the future of medical marijuana, and marijuana in general, is headed in the State of Michigan. The outcome shows that the State of Michigan is willing to adhere to the rapidly changing opinion towards cannabis and embrace reform. By protecting medical marijuana patients, the Michigan Court of Appeals shows its commitment to the people.
arijuana beneficiary did not have a trunk, the driver was required to keep marijuana enclosed in a case in an area inaccessible to the driver (the inaccessibility determined by the discretion of a particular officer). Violating the act was a misdemeanor, punishable by a potential 93 days in jail and $500 in fine.
Some background information is necessary before continuing. In 2014, Callen Latz was pulled over after attending a concert. Mr. Latz, a medical marijuana card holder who suffers from agonizing migraines and blindness in his right eye, was arrested for having a legal amount of marijuana, as defined by the 2008 Michigan Medical Marijuana Act, in his car. His service dog, Harvey, who was with him at the time, was sent to the county pound and Latz was charged with a crime.
But, Latz and his attorney fought the misdemeanor ruling, calling the law “predatory.” Eventually, the case reached the Michigan Court of Appeals, where judges sided with Latz, overturning his misdemeanor conviction. Subsequently, the predatory law was laid to rest.
The majority opinion states that the Michigan Medical Marijuana Act precludes Latz’s conviction. Furthermore, the ruling states, “…if another statute is inconsistent with the MMMA such that it punishes the proper use of medical marijuana, the MMMA controls and the person properly using marijuana is immune from punishment.”
The ruling goes on to say, “The illegal transportation of marijuana statute…unambiguously seeks to place additional requirements on the transportation of medical marijuana beyond those imposed in the MMMA.”
If a medical marijuana user is in compliance with the MMMA, they are immune from punishment. The MMMA supersedes any mandates placed on top of the act. Section 4 of the MMMA states that, “…a qualifying patient actively carrying the card is immune from arrest provided they are engaged in the medical use…” Medical use defined by the act as, “…the acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer, or transportation of marijuana or paraphernalia relating to the administration of marijuana to treat or alleviate a registered qualifying patient’s debilitating medical condition or symptoms associated with the debilitating medical condition.”
The outcome of People v Latz can tell us a lot about where the future of medical marijuana, and marijuana in general, is headed in the State of Michigan. The outcome shows that the State of Michigan is willing to adhere to the rapidly changing opinion towards cannabis and embrace reform. By protecting medical marijuana patients, the Michigan Court of Appeals shows its commitment to the people.