Under the Michigan Medical Marihuana Act, passed by voters on November 4th, 2008, protections are provided for the medical use of marijuana for qualifying patients. This was followed by an announcement made in October 2009 by the Department of Justice under the Obama Administration, stating that it will no longer seek to arrest of Americans lawfully complying with state medical marijuana laws.
Arrests Still taking Place For Those Acting Within The Law
Despite the strides made for a sensible drug policy, Michigan criminal defense attorneys commonly see examples of card-holding citizens arrested on drug charges, even though they were acting within the law. In years past, such an arrest would almost certainly result in jail time, regardless if the marijuana is used for medical purposes or not. However, in a potentially precedent-setting decision, a judge awarded a card-holder in possession of excessive amounts of marijuana 18 months of probation, instead of time behind bars.
In September 2009, the home of Sylvester Vanderbutts, 51, was raided by law enforcement officials after suspicions arose that he was growing marijuana at his home. Even though he is a medical marijuana user, Vanderbutts was arrested by law enforcement officials on numerous drug charges for having well-over the maximum legal amount of marijuana plants, even for card-holders. However, he attributes his use of the drug to alleviate the side-effects caused by a variety of debilitating illnesses, such as Stage four lymphoma cancer, as well as an ulcer in his stomach. When on marijuana, Vanderbutts says he can lead an active life, including going to the gym and attending church, that he would not otherwise be able to enjoy.
Prosecutors maintain that he violated the terms of the marijuana-card laws by having 2.5 ounces more than is permitted for users. However, the defendant argued that he acted lawfully within the Michigan Medical Marijuana Act, which allows individual growers to have as many plants a reasonably needed “to ensure… interrupted availability” to treat illnesses. While Circuit Court Judge Michael Dodge acknowledged that he possessed over the legal amount, Vanderbutts debilitating medical condition granted him the ability to possess and use marijuana in the first place. Therefore, instead of jail time, Dodge sentenced the defendant to 18 months of probation and 90 days wearing a GPS tether.
Being accused of drug charges is a scary and overwhelming experience for anyone to go through, regardless if the person is a medical marijuana card-holder or not. Conviction of such charges can result in jail time and a tarnished reputation for a person who was acting within the scope of the law. In order to present the best defense, it is important to seek aggressive and hard-working Michigan criminal defense attorneys immediately. Acting quickly can not only provide superior legal advice and legal representation, but also help make sure your rights as a medical marijuana card-holder are protected.