silusbotwin
Well-Known Member
Yet another small victory for the little person
In following with the several other district and circuit court judges throughout Michigan, a Benzie County judge has recently ruled that a 2012 medical marijuana transportation law is unconstitutional and superseded by Michigan’s Medical Marijuana Act (MMMA). (See also: MI AG invited to weigh in on constitutionality of marijuana transportation law)
The 2012 statute (MCL 750.474) states that: “[a] person shall not transport or possess usable marihuana as defined in [the MMMA] in or upon a motor vehicle or any self-propelled vehicle designed for land travel unless the usable marihuana is 1 or more of the following:
(a) Enclosed in a case that is carried in the trunk of the vehicle.
(b) Enclosed in a case that is not readily accessible from the interior of the vehicle, if the vehicle in which the person is traveling does not have a trunk….”
A violation of the 2012 medical marijuana transport law is a “misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.”
Benzie County District Court Judge John D. Mead held oral arguments on December 18, 2014 regarding Beulah criminal defense attorney David Huft’s motion to dismiss the improper transportation of medical marijuana charge filed against his client, Olaf Johnson. Johnson was alleged to have transported his medical marijuana in the passenger compartment of his vehicle in July of 2014.
(VIEW HERE: December 18, 2014 oral arguments in People v Johnson)
Judge Mead’s January 14 Opinion and Order granted Johnson’s Motion to Dismiss and it specifically held that:
“…Defendant asserts that [the medical marijuana transport law] MCL 750.474 is unconstitutional. The Court agrees. Art. IV, §25, of the Michigan Constitution of 1963 pertinently provides, "No law shall be revised, altered or amended by reference to its title only. The section or sections of the act altered or amended shall be re-enacted and published at length."
With the enactment of MCL 750.474, the Legislature clearly was attempting to amend, by reference, [the MMMA] MCL 333.26427. It appears to this Court that §27 of the MMA should have been "re-enacted and published at length" to include the language put forth in MCL 750.474. The Legislature has the opportunity to legislate medical marihuana. However, it decided to place the issue squarely in the hands of the voting public.
This Court is further of the opinion that MCL 750.474, at its roots, appears to be good public policy. That being said, it is unconstitutional, and it conflicts with and is superseded by [the MMMA].”
In a final footnote to his January 14 Opinion and Order, Judge Mead stated that he personally “voted against the MMA Proposal. However, the voters have spoken, and the MMA must be enforced as written.”
Benzie County's Chief Assistant Prosecutor, Jennifer Tang-Anderson, has indicated that she has not yet determined whether the prosecutor's office will be appealing Judge Mead's dismissal of Johnson's criminal charge.
