High Court Misdemeanor Drug Charge. Still Care Give?

[Stingray]

A friend of mine (cough cough) was charge for selling MJ a few years ago. He plead guilt and it was dropped from a Felony to a High Court Misdemeanor. He asked his lawyer if he could care give once off probation and the lawyer was unsure do to the ever changing laws...

 

The High Court Misdemeanor is treated as a Felony in many ways but in many ways it's not. Does anyone know if he can still care give or know how to find out? I look over the site for about an hour and couldn't find an answer. My apologies if I over looked it. Any feed back is greatly appreciated!

[Kingdiamond]

The wording is those convicted of a felony involved with drugs is prohibited from being a caregiver since he wasn't convicted on the felony he should be good.

[The Digital Nomad]

Not sure, you need to check with a lawyer. The MDCH might deny you after a background check.

 

"CIRCUIT COURT MISDEMEANOR

An offense designated by the legislature as a misdemeanor, but punishable by more than one year in jail. It is processed in circuit court like a felony."

 

My understanding was it had more jail time than a regular misdemeanor - over 1 year. But I read that the charge is treated like a felony on record - so LEIN and NCIC will post you as a felon.

 

I suppose if you send your application to the MDCH - that will tell you if you are good or not, if they accept it or deny it. I would wait until you are approved with a card before growing or possessing.

 

Another option is just to walk into a Sheriff station and ask for your own background check - tell them you would like to know if you can purchase a firearm. If they deny you a firearm permit based on your charge - its being treated as a felony.

 

Get it expunged.

 

DN

[Zerocool]

High Court Misdemeanor is just a Misdemeanor, you can still own a gun on a High Court Misdemeanor

[Stingray]

Not sure, you need to check with a lawyer. The MDCH might deny you after a background check.

So even if technically the law says he can MDCH might still deny?

 

 

 

Another option is just to walk into a Sheriff station and ask for your own background check - tell them you would like to know if you can purchase a firearm. If they deny you a firearm permit based on your charge - its being treated as a felony.

 

Get it expunged.

 

DN

 

This is exactly what the lawyer suggested.