Court rules that Illegal cannabis grow of any size just a misdemeanor in Michigan

[KLAW Blog]

According to MLive – The likelihood of black-market marijuana growers in Michigan facing full-blown, paramilitary-style raids featuring battering rams and heavily armed narcotics teams has diminished.

Growing illegal marijuana in Michigan, even potentially thousands of plants, is only a misdemeanor crime, the state Court of Appeals ruled on Oct. 5, 2023.

Attorney Michael Komorn of the Komorn law firm specializes in cannabis defense and currently has several clients charged under felony marijuana possession laws. In light of the Court of Appeals ruling, he plans to file motions requesting those charges be reduced to misdemeanors.

Komorn said most prosecutors and police have already placed a low priority on marijuana enforcement, except for “certain pockets” of the state.

“They’ll raid like the old days, come in with guns and masks and go through that whole process,” he said, “but their dilemma is, how do we charge somebody. What, do you get charged with a misdemeanor?

 

“I have a number of cases where they’ve seized property and not charged anybody. And you can only reap the benefits of forfeiture if you get a felony conviction.”

Read the full article here at MLive

Don’t count out the Feds for a good raid or two.

Have you been arrested or charged for any "alleged crime" by the Federal System or the State of Michigan? Call Our Office for a Free Case Evaluation 248-357-2550

Federal Law (Oct 2023) 

Under federal law, marijuana is a Schedule I controlled substance, meaning that it has a high potential for abuse and no currently accepted medical use. This means that it is illegal to possess, manufacture, distribute, or dispense marijuana, except for certain research purposes.

The federal laws regarding marijuana are enforced by the Drug Enforcement Administration (DEA). The DEA can investigate and arrest people for marijuana offenses, and it can also seize marijuana and other assets related to marijuana trafficking.

The penalties for marijuana offenses under federal law can be severe. For example, possession of marijuana can be punished by up to one year in prison and a fine of up to $1,000. Manufacturing, distributing, or dispensing marijuana can be punished by up to five years in prison and a fine of up to $250,000.

However, it is important to note that the federal laws regarding marijuana are in conflict with the laws of many states. In recent years, a growing number of states have legalized marijuana for medical or recreational use. Despite the state laws, marijuana remains illegal under federal law.

This conflict between federal and state law has created a number of challenges for law enforcement and the marijuana industry. For example, it is unclear whether federal law enforcement officials can arrest people who are using or selling marijuana in states where it is legal. Additionally, the legal marijuana industry has difficulty accessing banking services and other financial resources, because banks are afraid of violating federal law.

There is a growing movement to reform the federal laws regarding marijuana. A number of bills have been introduced in Congress that would legalize marijuana at the federal level or deschedule it from the Controlled Substances Act. However, it is unclear whether any of these bills will be passed into law.

In the meantime, the conflict between federal and state law remains. People who use or sell marijuana in states where it is legal should be aware that they are still violating federal law.

Don’t tell that to the taxman though – See section 280E of the IRS code.

 

 

Michigan

Michigan has seen a rise in illegal marijuana grows in recent years, despite the state’s legalization of recreational and medical marijuana in 2018. These illegal grows are often large-scale operations that operate without a license and violate state laws.

There are a number of reasons why people might choose to grow marijuana illegally. Some people may be trying to avoid paying taxes on their marijuana sales, while others may be growing marijuana to sell on the black market. In some cases, people may grow marijuana illegally because they are unaware of the state’s marijuana laws.

 

Illegal marijuana grows can have a number of negative consequences. They can be a nuisance to neighbors, due to the smell of marijuana and the increased traffic in and out of the property. Illegal grows can also be a public safety hazard, as they may use dangerous chemicals and electrical equipment. Additionally, illegal grows can contribute to the black market for marijuana, which can lead to violence.

The Michigan State Police (MSP) is responsible for investigating illegal marijuana grows in the state. The MSP has a dedicated Marijuana and Tobacco Investigation Section (MTIS) that investigates these crimes. In recent years, the MTIS has conducted hundreds of investigations and seized millions of dollars worth of marijuana from illegal grows.

If you suspect that there is an illegal marijuana grow in your neighborhood, you should report it to the MSP.

You can find out what time it is by calling 202-762-1401.

 

If you are thinking about growing marijuana in Michigan, it is important to make sure that you are doing so legally. You can find more information about Michigan’s marijuana laws on the website of the Michigan Cannabis Regulatory Agency or consult an experienced law firm regarding cannabis licensing in Michigan such a Komorn Law.

Fight back

If you don’t want to submit and plead and want to fight for your rights.
Call our office: Komorn Law (248) 357-2550.
We have defended many of these cases with positive outcomes.

 

Did You Know

Michigan State Police Legal Updates

MSP Legal Update No. 153 (01/2023)

• Search & Seizure: The smell of marihuana, standing alone, no longer constitutes probable cause to search for that substance
• Vehicle Code: Violation for impeding traffic requires evidence the accused’s conduct actually affected the normal flow of traffic.

Legal Update No. 153 (01/2023)

 

MSP Legal Update No. 150 (01/2022)

• Vehicle Code: Persons under the age of 21 may be prosecuted for operating a motor vehicle with the presence of marihuana in their system
• Criminal Law: Ethnic intimidation based on gender includes harassing or intimidating another person because of the actual or perceived gender of that person.

Legal Update No. 150 (01/2022)

 

MSP Legal Update No. 149 (10/2021)

• Search & Seizure: Persons have a reasonable expectation of privacy in their property against “drone” surveillance conducted without a warrant or pursuant to a recognized exception to the warrant requirement
• Search & Seizure: The “community caretaking” exception to the Fourth Amendment warrant requirement does not extend to the home.

Legal Update No. 149 (10/2021)

More Posts

THC Detection in Blood: A Comprehensive Review

THC Detection in Blood: A Comprehensive Review Tetrahydrocannabinol (THC), the main psychoactive compound in marijuana, can remain detectable in the blood for several days or even weeks after use. This is due to the fact that THC is highly fat-soluble, meaning that it...

read more

It’s not hard to be accused of being a Menace in Michigan

“You are a menace, you’re talking louder than me, you don’t agree with me and now you're pointing at me with gun fingers. I feel threatened! I’m calling the police”. All over a minor disagreement - probably about paper or plastic. Police arrive and can only do what...

read more

Skymint acquired out of receivership

Tropics LP, under a new entity called Skymint Acquisition Co., acquired the assets of Green Peak Industries, doing business as Skymint, for $109.4 million. Nuff saidPlease note that cannabis at the time of this post being published is still a controlled substance...

read more

Trulieve seeks $143M federal refund for 280E taxes

Would enforcing payment and accepting money from a federally illegal business cause you to be caught up in RICO, CCE and conspiracy charges that would put you away for decades? For you yes - For the government a big NO.Multistate marijuana company Trulieve Cannabis...

read more

Feds Clarify Doctor Prescribed Medical Cannabis Is No Excuse

The revised federal workplace drug testing guidelines, issued by the Substance Abuse and Mental Health Services Administration (SAMHSA), Department of Health and Human Services (HHS), are intended to provide clarity. These guidelines emphasize that individuals who use...

read more

Can I have open alcohol in a trailer that is being pulled on the road?

Question: Can I have open alcohol in a trailer or camper that is being pulled on the road? Answer:  In most instances transporting or possession of open intoxicants in a vehicle is not permitted.   MCL 257.624a states in part, "a person who is an operator or occupant...

read more

How Much Does it Cost for an Expungement in Michigan?

How much is your record costing you not to have it expunged is the question you should ask yourself. When you have been convicted of a crime in Michigan, you are likely aware of the negative impact it can have on your life, even after you have knelt in submission,...

read more

Pending Charges?

Pending Charges. Don't wait. Get ahead of their game. If you have been arrested but not charged yet. Don't wait while they build evidence and take your statements to use against you! They may just be building a case against you and letting you get more comfortable...

read more

Conspiracy is a Crime

In Michigan, conspiracy is a crime that is defined as "the agreement between two or more persons to commit any crime." The crime of conspiracy could be considered complete even if the actual crime is never committed. Conspiracy is a felony in Michigan, and the...

read more

US Cannabis Industry-Just Another Sinking Ship?

Is the cannabis industry just another sinking ship in the US? This story was picked up out in the cannabis news world. Read it for yourself. Have the end times have begun for US weed companies as the first South American imports are approved by the DEA. The US Federal...

read more

« Older Entries

The post Court rules that Illegal cannabis grow of any size just a misdemeanor in Michigan appeared first on Komorn Law.

View the full article