Are You Transporting Your Medical Marijuana Improperly in Michigan?
Update: The Michigan Court of Appeals finds improper transportation of medical marijuana not valid. This means that it violates the MMMA and you can no longer be convicted. A relatively new misdemeanor criminal charge is showing up more often on many court dockets in Michigan. On December 27, 2012, a new law was passed (Public Act 460) which states that medicinal marijuana must be enclosed in a case that is stored in the trunk of a motor vehicle or self propelled vehicle. To qualify as a “motor vehicle”, it must contain both an engine and be used for land based travel. Some examples include cars, trucks, ATVs, 4 Wheelers, Snowmobiles, Mopeds, etc. This law doesn’t apply to boats, skateboards, and bicycles that are powered by a human. This law only applies to both medical marijuana caregivers and patients. If you are not a patient or a caregiver under the MMMA, you will be prosecuted under more traditional marijuana laws.
This law seems like it’s meant to harass patients and caregivers more than help clear confusion and it certainly violates the Michigan Medical Marijuana Act that was passed overwhelmingly by Michigan residents. The MMMA states that if a patient/caregiver complies fully w/ the act that they will not be subject to arrest, prosecution, or penalty in any way. Unfortunately, this new law is not contained inside the MMMA. They could have amended the Act, but Owosso Republican state Rep. Ben Glardon, who introduced the bill, claims that “that was not politically viable at the time.