The State of Recreational Marijuana Laws in Michigan

The State of Recreational Marijuana Laws in Michigan

Posted on:
January 10, 2017
Criminal Defense
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Drug Crime lawyers In Genesee County Are Here For You.

Marijuana regulations around the county are currently in a state of flux. In November of 2016, voters in several states, including in California and Massachusetts, voted to legalize the recreational use of the drug. However, at this time, the recreational use of marijuana remains prohibited by federal law. Additionally, recreational use is still prohibited in the majority of states, including the state of Michigan. To make matters even more complicated, marijuana possessions can result in widely varying levels of punishment in different cities and counties. If you have been arrested for the possession of marijuana in Michigan, please be aware of the fact that you can still face severe penalties. Those who have been arrested or charged should seek professional assistance from an experienced Flint drug crimes defense lawyer as soon as possible.

Local Laws Vary Widely

Some local jurisdictions, via ordinance, have decided to decriminalize the possession of small amounts of the marijuana. For instance, Michigan Public Radio reports that Detroit, Flint and Saginaw all have passed local marijuana decriminalization ordinances. However, many other cities and townships in the region have not passed decriminalization ordinances. To be clear, even if your city has passed a law, this does not mean that the drug is legal to use. It is still prohibited under state law. You may still be arrested and charged even within these jurisdiction. However, due to the local regulations, city police officers within those jurisdictions may refrain from charging you for marijuana possession.

Michigan Law: The Statutory Penalties for Marijuana Possession

Under the Michigan Code of Criminal Procedure those convicted of marijuana possession can be subject to very harsh consequences. Specifically, you may receive a maximum sentence of one year in prison and a maximum fine of $2000. Fortunately, for many first time offenders, there is another path available. That being said, if you do not take action, you may miss out on the opportunity for a dramatically reduced punishment.

Michigan Offers ‘Conditional Discharge’ for Many First Time Offenders

A conditional discharge is essentially a form of probation. If you are granted this type of punishment in relation to your marijuana possession charge, you will be released without being forced to go through any trial. Instead, you will be given probationary terms, and if you are able to satisfy those terms without further incident, the marijuana possession charges will simply be dropped. Of course, if you fail to complete the probation terms, you could face re-arrest for the initial charges.

If You Have Been Charged with a Drug Possession Offense, You Need an Attorney

Drug possessions convictions can come with harsh penalties in Michigan. The experienced criminal defense attorneys at Nickola Law are standing by, ready to protect your rights. To schedule your free initial legal consultation, please call our Flint office today at (810) 767-5420. Our firm represents clients throughout Central Michigan, including in Genesee County, Lapeer County and Tuscola County.


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