Marijuana news: improper transport law struck down by Allegan County's Judge Cronin

The criminal offense of Improperly Transporting Medical Marijuana was signed into law by the governor on December 27, 2012.

This law created a new criminal offense of improperly transporting medical marijuana inside a motor vehicle or self-propelled vehicle, such as a car, truck, tractor, motorcycle, snowmobile, moped, four wheeler, etcetera. To qualify as a vehicle, it must have: (a) an engine, and (b) be designed for land travel. The new criminal misdemeanor charge does not apply to marijuana plants or marijuana material that is not considered "usable."


(The above paragraph is from the Bruce Block website).

It's similar to an "open container" charge for alcohol - if the driver - or passenger - can consume alcohol while driving, then the police can write a ticket for that. So the improper transport law sort of seems to have a logical basis.

So the question arose whether the Improper Transport law, as applied, would be constitutional, as it makes the goals of the Medical Marijuana Act, and the intent of the voters who approved that Act.  How would a qualified patient (or caregiver), who is otherwise immune from prosecution for criminal offense, be able to transport his or her MJ once obtained? It seems to create a double negative: qualified patients can't be prosecuted, unless they're transporting? Makes no sense at all. 

So the answer (so far) is that the Improper Transport law is not constitutional, according to a ruling by Allegan County's Judge Kevin Cronin. The thing is, though, that the decisions of Circuit Courts aren't binding on other Courts. However, the Michigan Court of Appeals is waiting to hear a similar case in the next few months.

Michigan Court of Appeals: Ruling on what's considered "usable marijuana" under the Medical MJ Act.

GRAND RAPIDS, MI – In a split decision, a state appeals panel said that harvested marijuana being kept in canisters to dry does constitute usable marijuana.

Alenna Marie Rocafort, 47, said she intended to make hash oil out of drying - and thus not usable - marijuana.

(article here - via mlive). 

The defendant had earlier been charged with being beyond the legal limit of what's allowed under the MMMA law for medical caregivers.  Caregivers are allowed to possess up to 2.5 ounces of marijuana per patient. She would be allowed to possess 15 ounces for five patients and herself.

The Kent County Circuit court ruled earlier that she was above the limit - and in violation of the Act. But the Court of Appeals disagreed.

"The trial court concluded that, although the seized marijuana may not have been dried to the ideal extent, it was 'largely dried,' and therefore denied defendant's motions," justices Jane Markey and William Murphy wrote.

Michigan's licensing board rejects adding autism to medical marijuana treatment under MMMA

In a four-page “Final Determination,” Zimmer said that allowing the use of medical marijuana for autism might do more harm than good to mildly afflicted autistic children.

That view followed corroborating testimony in Lansing by Dr. Harry Chugani, chief of pediatric neurology at Children’s Hospital of Michigan and a national authority on autism.

Article here (via freep).