Here is what you need to know about possessing usable marijuana.
Transporting or Possessing Usable Marijuana Improperly Can Result in Criminal Charges in Michigan.
Although Marijuana is Legal in Michigan, You May Still be Violating the Law
Michigan has legalized recreational marijuana for individuals 21 years old or older; however, many police officers and prosecutors disagree with the change in Michigan law. It takes a highly reputable, strong defense lawyer to successfully fight these charges in court, including allegations of transporting or possessing usable marijuana.
While smoking or consuming marijuana while driving is illegal, transporting marijuana and marijuana products is not illegal in Michigan. Individuals can legally have up to 2.5 ounces of recreational marijuana on their person, including in their vehicle. It is highly recommended that recreational marijuana be stored in the trunk of your vehicle. If your car doesn’t have a trunk, keeping it in a locked container and out of the driver’s reach is best. It is best to avoid a confrontation with the police or a dispute about whether the driver was consuming or had recently consumed marijuana.
Why are so many people against the legalization of marijuana?
The reasons for opposition to the legalization of marijuana can be attributed to multiple factors, including historical, health, social, and moral concerns. Throughout history, marijuana has been associated with negative stereotypes and propaganda, such as the “Reefer Madness” campaign, falsely portraying cannabis users as violent and immoral. Health-wise, critics are worried about the potential harm marijuana could cause to cognitive development, mental health, and the risk of addiction. There are concerns that using marijuana, especially at a young age, could lead to an increased risk of mental health disorders and cognitive impairment. Socially, opponents argue that legalizing marijuana could result in more usage, particularly among young people, leading to increased accidents and impaired judgment-related incidents. Lastly, on a philosophical level, some people believe that using intoxicating substances, including marijuana, is inherently wrong and can negatively affect an individual’s character. These various reasons fuel the ongoing debate surrounding marijuana’s legal status. While some conservatives might not make a big deal about possessing small quantities of marijuana, they often have a far different view of transporting or possessing large amounts of usable marijuana.
Frequently Asked Recreational Marijuana Questions
Can I smoke marijuana while driving?
No. It is illegal to smoke while driving. If you smoke before driving and the police stop you, you could be charged with Operating While Under the Influence or Operating with the Presence of Drugs (OWPD). It is also illegal for a passenger to smoke while the car is moving.
If marijuana is located in my car but not mine, can I be in trouble?
Yes. Michigan recognizes a form of possession called “constructive possession.” Constructive possession means that multiple people can possess something at one time. To “possess” means having physical possession or exercising dominion or control over tangible property. The police can easily claim that if you are in possession of a car, you possess anything within the car. If the vehicle is stopped while driving, the driver or owner can be accused of transporting or possessing usable marijuana.
If I drive with a child in the car after smoking marijuana, is that a more severe charge than OWPD?
Yes. In addition to OWPD, you can also be charged with Child Endangerment.
If I am convicted of operating under the influence of marijuana, will my insurance rates go up?
Most insurance carriers treat driving under the influence of marijuana like operating under the influence of alcohol. The insurance company will either raise your rates or cancel your coverage. If you face accusations of illegally transporting or possessing usable marijuana, the insurance company may cancel your policy altogether.
If my car’s interior smells like marijuana, does that give the police the right to search it?
Yes. Under Michigan law, the smell of recently smoked marijuana can form the basis of a legal search of your car or an investigation to determine if you were driving under the influence.
Should I refuse to take a chemical test to see if I’m under the influence of marijuana?
Probably no. Refusing to submit to a chemical test upon a law enforcement officer’s lawful request would violate Michigan’s Implied Consent laws. It may result in a 1-year suspension of your driver’s license.
What is the legal limit for THC? Like .08 BAC for alcohol cases.
No defined amount of THC automatically establishes intoxication. Because there is no predetermined limit, any level of the active chemical in marijuana — tetrahydrocannabinol (THC) — detected in the bloodstream is enough for authorities to consider charges of driving under the influence.
Criminal Defense Attorneys That Can Help with the Michigan Marijuana Laws
The Michigan legislature seems to be changing laws regarding marijuana regularly. It takes a true criminal law specialist to understand and stay current with existing laws, including those involving transporting or possessing usable marijuana. LEWIS & DICKSTEIN, P.L.L.C. has specialized in criminal defense since its inception. The firm’s attorneys take great pride in the ability to help people facing criminal charges. Every one of the firm’s clients is given a premier defense. Our attorneys have dedicated their careers to representing people facing felony and misdemeanor criminal charges, including marijuana charges. LEWIS & DICKSTEIN, P.L.L.C. takes its integrity, reputation, and success record very seriously.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.
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