Detroit Marijuana Lawyer
Although cannabis is legal for recreational use in Michigan, you can still face criminal charges related to marijuana. If you or a family member has been charged, you’re probably wondering about the possibility of jail time, whether you’ll lose your job, and generally what’s going to happen.
It’s important to talk to a Detroit marijuana lawyer with detailed knowledge of the law, how cases move through Detroit’s criminal system, and a track record of favorable results.
Michigan Marijuana Laws
Recreational marijuana is legal. But that does not mean that anyone can walk down the street consuming it without facing the consequences. You must be twenty-one years or older and use marijuana in private.
There are also limitations on how much marijuana you can have on your person or in your residence. For example, when you are out in public, you are legally allowed to have up to two-and-a-half ounces of marijuana on you. If you are in possession of more than this amount, you may be subject to criminal penalties.
You can also face criminal charges for driving under the influence of marijuana.
Types of Marijuana Cases We Handle
At Davis Law Group PLLC, we have experience handling cases involving marijuana and helping our clients achieve favorable outcomes.
The common marijuana cases we handle in Detroit include:
- Use of Marijuana — Marijuana use is not permitted by people under 21. Additionally, public use of marijuana can result in a fine.
- Possession of Marijuana — Marijuana possession in large amounts is a civil infraction or misdemeanor in Michigan that can result in jail time and fines if you’re convicted.
- Marijuana Cultivation, Sale, and Possession With Intent — The cultivation, sale, or possession with intent to traffic in marijuana can be serious felony offenses in Michigan, resulting in years in prison and significant fines, depending on the amount of marijuana involved.
If you have been charged with another marijuana crime and are unsure of where to turn, reach out to Davis Law Group right away.
Penalties for a Marijuana
Marijuana offenses range from misdemeanors to felonies, depending on the details. For example, when charges involve substantial amounts of cannabis, marijuana trafficking, or cultivating or growing cannabis plants, some marijuana offenses can still result in time behind bars.
If you are convicted, you face:
- A jail or prison sentence
- Fines of anywhere from thousands of dollars to millions of dollars
- Loss of your driver’s license
- A lifelong criminal record as a drug offender
- Loss of eligibility for federal financial aid
- Loss or denial of a professional license
- Effects on your immigration status
Medical & Recreational Marijuana: Impact on Firearm Rights
Many medical and recreational marijuana users are surprised to find, they may face charges for unlawful possession of a firearm. The law can be confusing, as state and federal laws vary regarding marijuana use and firearm rights.
For example, under Michigan law, medical marijuana patients are legally allowed to obtain their permit to carry a concealed pistol. But since federal law has yet to be changed, medical and recreational marijuana is still illegal. Federal law prohibits marijuana users from being in possession of a firearm.
Since the law can be so complex, you need to have an experienced lawyer who can help with any charges that may stem from legitimate marijuana use.
Marijuana Defenses & Expungement
Despite its general legality, marijuana arrests still happen, and your defense will depend on the situation. Some common defenses include:
- Lack of intent
- Lack of probable cause
- Illegal search and seizure
- Procedural errors
- Police misconduct
- Chemical test errors
Medical Marijuana Patients
There is also the question of people facing charges despite being qualified medical marijuana patients. These patients and their authorized caregivers may have valid defenses to some marijuana charges. Still, the rules can be confusing for someone who does not have experience with the law.
In addition to marijuana legalization, new laws make it easier to expunge prior marijuana convictions from your record.
Michigan no longer classifies marijuana offenses as discretionary. This means if you apply to have a misdemeanor marijuana conviction expunged – it must be. Some marijuana convictions may even be eligible for automatic expungement, and multiple felony marijuana convictions are also eligible.
The state can still refute the expungement, but if they do not do so within 60 days, the court will set your conviction aside within 21 days.
If you are interested in getting your marijuana conviction expunged, reach out to Davis Law Group. We can help you determine your eligibility and prepare your petition. Once filed, we will prepare for your hearing, where a judge will hear your request.
Get Help From a Marijuana Lawyer Today
Having a skilled lawyer at your side when the police question you is invaluable — and may help you avoid criminal charges.
Call Davis Law Group PLLC today to discuss your marijuana charge and your options for a defense.
Your initial consultation will always be free and confidential. Call (313) 818-3238 today or fill out the form below.