Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Feb 10, 2020

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Marijuana offenses in Michigan are not always a “slam dunk” for the prosecution. If you have been arrested and charged with a marijuana offense, there could be a number of defenses available to you.

First, if you were caught possessing marijuana but have a debilitating medical condition, you may be able to use your condition as a defense against the marijuana charge. Under Michigan medical marijuana laws, having a debilitating medical condition may allow you to use marijuana in the state legally. If you do not have a state-issued marijuana registry identification card, a police officer might still arrest you for possession of marijuana. After the arrest, however, you can use your medical condition as a defense against conviction. Keep in mind that because medicinal marijuana is still illegal under federal law, physicians in Michigan technically cannot give marijuana prescriptions. However, Michigan law allows doctors to “recommend” that marijuana may be helpful given your particular illness.

Another possible defense to a marijuana conviction will depend on the circumstances of the police search that led to the discovery of the marijuana. Police must follow certain procedures in any case of a “search and seizure,” so any evidence is contestable if it was not obtained from you using the proper procedures.

Lastly, it is important to note that even if you are allowed to use medicinal marijuana in Michigan because of a debilitating medical condition, you can still be charged with driving under the influence (referred to as an OWI in Michigan). .

If you were arrested for possession of marijuana in Michigan, don’t just give up. Consult an experienced Michigan marijuana lawyer or Michigan criminal attorney today to determine your available defenses.

Follow this link for more information about Michigan Marijuana Laws and Michigan Medical Marijuana Laws