Monthly Archives: April 2013

U.S. Supreme Court – Dissipating Blood Alcohol Levels are NOT an Exigency Allowing a Warrentless Search

You can read the opinion here –>

A summary:

“The question presented here is whether the natural metabolization of alcohol in the bloodstream presents a per se exigency that justifies an exception to the Fourth Amendment’s warrant requirement for nonconsensual blood testing in all drunk-driving cases. We conclude that it does not, and we hold, consistent with general Fourth Amendment principles, that exigency in this context must be determined case by case based on the totality of the circumstances.” – Justice Sotomayor


Michigan Supreme Court to consider Wyoming city marijuana ban

The Michigan Supreme Court says it will consider the legality of a city’s zoning ordinance that prohibits the use, manufacture or cultivation of medical marijuana.

The court issued an order Wednesday agreeing to hear an appeal filed by the city of Wyoming in the Grand Rapids area. Justices want to know if the zoning ordinance is superseded by Michigan’s 2008 voter-approved medical marijuana law.

Significantly, the court also plans to consider if the state law is pre-empted by a federal law that makes marijuana use illegal.

Retired attorney and qualified medical marijuana patient John Ter Beek sued Wyoming after council members voted in 2010 to make marijuana use illegal under the federal Controlled Substances Act. He lost in a Kent County court but won in the state appeals court.

via The Holland Sentinel

New Medical Marijuana Laws Go Into Effect TODAY!

You can check out all of the amendments here:

However, here is a list of the significant amendments:

  1. A bona-fide doctor patient relationship now requires all assessments to be completed in person (as opposed to online), requires that the doctor keep records on every patient, and requires that there be a continuing on-going relationship between the doctor and patient (seeing the doctor once a year will no longer suffice.)
  2. Enclosed and locked facility means a closet, room, or other comparable, stationary, and fully enclosed area equipped with secured locks or other functioning security devices that permit access only by a registered primary caregiver or registered qualifying patient.
  3. Further, if plants are grown outside, they are considered to be in an enclosed, locked facility if they are not visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from a permanent structure and are grown within a stationary structure that is enclosed on all sides, except for the base, by chain-link fencing, wooden slats, or a similar material that prevents access by the general public and that is anchored, attached, or affixed to the ground; located on land that is owned, leased, or rented by either the registered qualifying patient or a person designated through the departmental registration process as the primary caregiver for the registered qualifying patient or patients for whom the marihuana plants are grown; and equipped with functioning locks or other security devices that restrict access to only the registered qualifying patient or the registered primary caregiver who owns, leases, or rents the property on which the structure is located.
  4. Marijuana in a motor vehicle is considered to be in an enclosed and locked facility if (1) The vehicle is being used temporarily to transport living marihuana plants from 1 location to another with the intent to permanently retain those plants at the second location and (2) An individual is not inside the vehicle unless he or she is either the registered qualifying patient to whom the living marihuana plants belong or the individual designated through the departmental registration process as the primary caregiver for the registered qualifying patient.
  5. To be exempt from arrest, you must now provide both your MMJ Card and a valid driver’s license with your name and picture that matches that MMJ Card.
  6. MMJ Cards now expire 2 years after issuance.
  7. Caregivers will now be disqualified if they have committed a felony within the last 10 years or have ever committed an assault. If your caregiver is disqualified – YOU MUST FIND A NEW ONE.
  8. Also, medical-marijuana users must now store their pot in a case in the trunk while riding in a motor vehicle. Marijuana must be in a case that’s not easily accessible if the vehicle doesn’t have a trunk.