Criminal Law – Controlled Substances – Affirmative Defense
Where defendant was convicted of possessing ketamine, a Schedule III controlled substance, defendant had the burden of establishing, as an affirmative defense, that the ketamine was so diluted that it...
View ArticleMedical Marijuana – Conflict With Federal Law – Seizure
Section 4(h) of the Michigan Medical Marihuana Act, Initiated Law 1 of 2008, MCL 333.26424(h), which prohibits the forfeiture of marihuana possessed for medical use, directly conflicts with and is thus...
View ArticleReal Property – MMMA trumps local zoning ban of marijuana cultivation
Defendant’s zoning ordinance, which is designed to ban medical marijuana, is pre-empted by the Michigan Medical Marihuana Act (MMMA), MCL 333.26421 et seq. Further, the federal Controlled Substances...
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