Detroit Michigan Criminal Defense Attorney: A Legislative Battle Up In Smoke
It appears that the Michigan Legislature and Michigan Courts has decided once again not to tackle the issue of Marijuana Legalization head on. From ignoring the rights of voters who decided this issue on Michigan ballots, to outright criminalizing the distribution of medical marijuana by licensed dispensaries, it is difficult for anyone, including legislators to say for certain where the law stands when it comes to “medical marijuana” and “marijuana legalization”.
The following article explains the current push by Michigan Legislators to legalize Medical Marijuana Distributors across Michigan despite lawmakers original decision to allow for the dispensing of medical marijuana:
This bill to legalize Medical Marijuana Distributors will ultimately place voters in charge of deciding whether or not to allow dispensaries in their communities instead of Michigan Courts.
Even after Detroit voters mandated the legalization and use of small amounts of medical marijuana within their private homes, Michigan Law Enforcement agencies across the board have been either slow to adopt this new law within their enforcement policies or have ignored its enactment all together:
Thus, although technically “legal”, Detroit residents must remain in fear and confusion when it comes to their legal right to use marijuana free from police retaliation and arrest!
IS THERE A SOLUTION?
We no longer have to go overseas to Amsterdam or the Caribbean to learn how States can effectively legislate and legalize the use of marijuana without massive confusion and legislative drawbacks. We can now look to States such as Oregon and Washington State, who in the process of legalizing the adult use of marijuana, are developing avenues to regulate the legal use of marijuana similar to that of the purchasing of tobacco and alcohol throughout the state.
The push for the decriminalization of marijuana has reached the legislative committees in New Mexico and Hawaii, indicating a subtle but imminent push for other states, including Michigan to take a serious position on this issue once and for all.
This movement has even caused the federal government to rethink its position on the legalization of marijuana. As a practicing criminal defense attorney in Detroit, it is common to hear courts and judges justify its rejection of the voting public’s wish to legalize marijuana by stating “Just because the State has made it legal, it is still illegal under Federal Law…..”, as my client stands before the court “criminally charged” with what should be the “legal” possession of marijuana. This political and unreasonable rationale may no longer hold water if Congress decides to address this issue on a national level, providing guidance and instruction to States to adopt a uniformed process for legalizing marijuana.
THE FUTURE OF MEDICAL MARIJUANA IN MICHIGAN?
The future of medical marijuana in Michigan remains unclear and convoluted at best. A concerted effort amongst legislators, the court system, the medical profession, and of course Michigan citizens will be needed to hash and vet out an overdue uniformed process of legislating the use of marijuana in Michigan. One thing that remains clear is that our current “democratic” process for legislating marijuana is mired in a cloud of smoke and haze.
Hopefully, with time and effort, the confusion surrounding Michigan Medical Marijuana Laws will be a thing of the past. Thus those who benefit from its medicinal value can use without fear of legal infringement, and those authorized to dispense can do so without the seizure of its inventory from law enforcement. Until then, we must all wait to legally indulge in our right to light as dictated by Michigan law and policy!