The state of Michigan passed a medical marijuana act, which allows residents to use cannabis for certain medicinal purposes. While such a law is certainly a victory for those who use the herb to curb ailments and illnesses, the law strictly confines not only the reason, but where you can light up.
The law clearly states the use of medical-grade marijuana must be smoked in private. This becomes a gray area and a cause for confusion based on individual interpretation of the law. The idea is that “private” constitutes as an area that is personal and not readily available for public use. Seems to be a pretty simple definition, right? However, the confusion comes to areas outside of your home, such as your car.
Does a car constitute as a private location? You would probably assume so since police officers have to have a search warrant to rummage through your vehicle. However, this is not the case. The law has been interpreted to mean that “private” in terms of a vehicle only applies if the car is not parked in a public place. Basically, you can’t smoke pot if you are parked in an area where there are people. If you do, you can be charged with smoking marijuana in a public place.
Defense attorneys have their work cut out for them as people of the public try to understand what common terms mean in the eyes of the court.
The state of Michigan is said to make a few critical changes to the laws surrounding medicinal marijuana. However, little is expected to change as far as where you can smoke. The areas of change are focused on the following:
However, as the law transforms, it is likely that more attention will be given to the gray areas that exist due to the nature of the law. Remember, marijuana is still illegal on the federal level and a person could be potentially charged based on those laws.
The medical marijuana act has opened the door to decriminalizing the use of pot. However, there is still room for interpretation. If you have a case that is centered on the use of medicinal marijuana, reach out to knowledgeable legal counsel that can help you through your case. The law firm of Nickola is located in Flint, Michigan and has a proven record of providing clients with quality defense. Allow our years of experience to work for you. Reach out to us today to learn more about the legal strategy we can create for you.
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