Court Cases During The Early Medical Marijuana Years

[KLAW Blog]

Municipal reforms

First a brief look at the history of medical marijuana and legalization thanks to Wikipedia

Prior to statewide legalization, many cities in Michigan decriminalized cannabis or made enforcement of cannabis laws the lowest priority. Among the cities to enact such reforms were: Ann Arbor (1972), Kalamazoo (2012), Detroit (2012), Flint (2012), Grand Rapids (2012), Ypsilanti (2012), Ferndale (2013), Jackson (2013), Lansing (2013), Hazel Park (2014), Oak Park (2014), Berkley (2014), Huntington Woods (2014), Mount Pleasant (2014), Pleasant Ridge (2014), Port Huron (2014), Saginaw (2014), East Lansing (2015), Keego Harbor (2015), and Portage (2015).^[2]

Ann Arbor

Main article: Cannabis laws in Ann Arbor, Michigan

Since the 1970s the college town of Ann Arbor has enacted some of the most lenient laws on cannabis possession in the United States. These include a 1972 city council ordinance, a 1974 voter referendum making possession of small amounts a civil infraction subject to a small fine, and a 2004 referendum on the medical use of cannabis. Since state law took precedence over municipal law, the far-stricter state cannabis laws were still enforced on University of Michigan property.

Medical legalization (2008)

Main article: Michigan Compassionate Care Initiative

In November 2008, the Michigan Compassionate Care Initiative (appearing on the ballot as Proposal 1) was approved by Michigan voters.^[3] The measure allowed patients with a physician’s recommendation to possess up to 2.5 ounces of cannabis for treatment of certain qualifying medical conditions.^[4] Although it did not explicitly allow dispensaries to operate,^[5] it did allow patients or their caregivers to cultivate up to 12 cannabis plants.^[4] The measure faced opposition from law enforcement officials and drug czar John P. Walters,^[6] but it was ultimately approved by a 63–37 margin, making Michigan the 13th state to legalize medical use and the first Midwestern state to do so.^[7]

In February 2013, the Supreme Court of Michigan ruled that the 2008 initiative did not allow for the operation of medical cannabis dispensaries in the state. An estimated 75 to 100 dispensaries were operating under this legal gray area at the time.^[8]

In September 2016, Gov. Rick Snyder signed a package of bills that among other reforms: (a) allowed the operation and regulation of medical cannabis dispensaries; (b) set a taxation rate of 3% on medical cannabis; and (c) allowed the use of non-smokable forms such as topicals and edibles.^[9][10][11]

Recreational legalization (2018)

Main article: Michigan Regulation and Taxation of Marihuana Act

In November 2017, legalization proponents submitted 365,000 signatures to put a cannabis legalization measure on the 2018 ballot.^[12] In April 2018, it was certified that supporters had turned in the requisite number of valid signatures.^[13] In June 2018, state lawmakers declined the option to pass the measure themselves, sending it to the November ballot.^[14] On November 6, 2018, Michigan voters approved Proposal 1 by a 56–44 margin, making Michigan the 10th state (and first in the Midwest) to legalize cannabis for recreational use.^[15]

The Michigan Regulation and Taxation of Marihuana Act allows persons age 21 and over to possess up to 2.5 ounces of cannabis in public, up to 10 ounces at home, and cultivate up to 12 plants at home.^[16] It also sets up a system for the state-licensed cultivation and distribution of cannabis, with sales subject to a 10% excise tax (in addition to the state’s 6% sales tax).^[15] The law went into effect on December 6, 2018,^[17] and the first dispensaries opened to the public on December 1, 2019.^[18]

Source for above information: https://en.wikipedia.org/wiki/Cannabis_in_Michigan

Court Cases During The Early Medical Marijuana Years That Helped Shape The Current Laws in Michigan

or…. Victims of The System.

Michigan COA and MSC Cases:

Important Court Cases in Marijuana

People-v-Adams-282638..pdf
People-v-Agro-305725.pdf
People-v-Agro-320927.pdf
People-v-Allen-324710.pdf
People-v-Alzehery-335632.pdf
People-v-Amsdill-334572.OPN_.pdf
People-v-Amsdill-Sochacki-317875.pdf
People-v-Anderson-300641-concurring.pdf
People-v-Anderson-300641-on-Remand.pdf
People-v-Anderson-300641.pdf
People-v-Auernhammer-322800.pdf
People-v-Barash-324545.pdf
People-v-Bendele-334677.pdf
People-v-Blesch-314646.pdf
People-v-Blesch-concur-in-part-dissent-in-part-314646.pdf
People-v-Bosca-317633.pdf
People-v-Brown-303371.pdf
People-v-Bylsma-302762.pdf
People-v-Bylsma-Overholt-317904.pdf
People-v-Bylsma-S144120.pdf
People-v-Campbell-291345.pdf
People-v-Carlton-321630.pdf
People-v-Carlton-concurrence-dissent-321630.pdf
People-v-Carroll-297541.pdf
People-v-Carruthers-309987.pdf
People-v-Carruthers-319991.pdf
People-v-Christner-309076.pdf
People-v-Cook-MSC-155570-order-granting-leave-in-COA-336467.pdf
People-v-Danto-et-al-302986.pdf
People-v-Dehko-305041.pdf
People-v-Donaghy-322677.pdf
People-v-Feezel-S138031.pdf
People-v-Ferguson-326709-326725.pdf
People-v-France-309822.pdf
People-v-Frederick-323642.pdf
People-v-Frederick-VanDoorne-MSC-153115.pdf
People-v-Gebhardt-306516.pdf
People-v-Gillette-334099.pdf
People-v-Gonzalez-327859.pdf
People-v-Goodwin-320591.pdf
People-v-Grant-316487.pdf
People-v-Green-308133.pdf
People-v-Hannan-329579.pdf
People-v-Hartwick-312308.pdf
People-v-Hartwick-332391.pdf
People-v-Hartwick-and-Tuttle-S148444.pdf
People-v-Heminger-316959.pdf
People-v-Hensley-331089.pdf
People-v-Hinzman-308909.pdf
People-v-Hinzman-309351.pdf
People-v-Howard-312267.pdf
People-v-Jackson-331074.pdf
People-v-Jaszczolt-S155377.pdf
People-v-Johnson-326504.pdf
People-v-Johnson-et-al-308104L.pdf
People-v-Jones-312065.pdf
People-v-Keller-304022.pdf
People-v-Kiel-301427.pdf
People-v-King-294682.pdf
People-v-Kocevar-329150.pdf
People-v-Kocevar-dissent-329150.pdf
People-v-Kolanek-295125.pdf
People-v-Kolanek-S142695.pdf
People-v-Koon-301443.pdf
People-v-Koon-S145259.pdf
People-v-Latz-328274.pdf
People-v-Lee-307318.pdf
People-v-Leonard-313345.pdf
People-v-Lewis-3173177.pdf
People-v-Lewis-330107.pdf
People-v-Lois-Butler-Jackson-315591.pdf
People-v-Lois-Butler-Jackson-concurring-315591.pdf
People-v-Lois-Butler-Jackson-partial-dissent-and-concurring-.pdf
People-v-Macleod-326950.pdf
People-v-Magyari-327798..pdf
People-v-Malik-293397.pdf
People-v-Manuel-331408.pdf
People-v-Mazur-317447.pdf
People-v-Mazur-S149290.pdf
People-v-McCleese-307079.pdf
People-v-Mendoza-328109.pdf
People-v-Miller-322555.pdf
People-v-Misko-323885.pdf
People-v-Moran-336847.pdf
People-v-Nicholson-306496.pdf
People-v-OConnor-312843.pdf
People-v-Olger-309559.pdf
People-v-Orlando-303644.pdf
People-v-Ousley-330502.pdf
People-v-Peters-288219.pdf
People-v-Placencia-321585.pdf
People-v-Pointer-302795-October-11-2012.pdf
People-v-Pointer-on-remand-302795-October-1-2013.pdf
People-v-Randall-318740.pdf
People-v-Redden-295809-concurring-opinion.pdf
People-v-Redden-295809.pdf
People-v-Reed-296686.pdf
People-v-Reed-Shaw-333118-333119.pdf
People-v-Rivera-Stackpoole-307315.pdf
People-v-Rocafort-321804-on-remand.pdf
People-v-Rocafort-321804.pdf
People-v-Rocafort-dissent-321804.pdf
People-v-Rocafort-dissent-on-remand-321804.pdf
People-v-Rocafort-S153254.pdf
People-v-Rose-326206.pdf
People-v-Rose-331021.pdf
People-v-Salerno-307087.pdf
People-v-Selman-333484.pdf
People-v-Sherwood-321558.pdf
People-v-Slack-334583.pdf
People-v-Sommer-319184.pdf
People-v-Spencer-304422.pdf
People-v-Spencer-concurring-opinion-304422.pdf
People-v-Tackman-et.-al.-330654.pdf
People-v-Trzos-334666.pdf
People-v-Tuttle-312364.pdf
People-v-Vanderbutts-299347.pdf
People-v-VanSickle-309555.pdf
People-v-Ventura-327289.pdf
People-v-Walburg-295497.pdf
People-v-Watkins-301771.pdf
People-v-Watkins-302558.pdf
People-v-Witt-332940.pdf
People-v-Zaid-320197.pdf
Roe-v-Bloomfield-Township-308906.pdf
State-of-Michigan-v-McQueen-S143824.pdf
State-of-Michigan-v-McQueen-Taylor-and-Compassionate-Apothe.pdf
Ter-Beek-v-Wyoming-306240.pdf
Ter-Beek-v-Wyoming-S145816.pdf
US-v-McIntosh-et.-al.-15-10117.pdf
US-v-Neece-FBEH005C-EDMI.pdf
York-v-Miller-335344.pdf

Public Acts modifying the MMMA:

2012-PA-0460.pdf
2012-PA-0512.pdf
2012-PA-0514.pdf
2015-HNB-4629.pdf
2015-SCB-0072.pdf
2015-SFA-0141-E.pdf
2015-SNB-0072.pdf
2015-SNB-0141.pdf
2016-PA-0281.pdf
2016-PA-0282.pdf
2016-PA-0283.pdf
2016-PA-350.pdf

Many things have changed and Marijuana legalization was voted by the people of Michigan in 2018.
For Current information go to the Marijuana Regulatory Agency (MRA) website

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