Michigan House Bill 4210 is retroactive. That means that we could get your marijuana possession conviction overturned.
Contact us today to for a free consultation to discuss if this change could affect you.
New Michigan Law Could Overturn Your
Marijuana Possession Conviction
On September 21, 2016 the State of Michigan enacted three new laws that deal with marijuana. The laws will all go into effect on December 20, 2016. These laws seek to clarify the ambiguity that was created when the Michigan Medical Marijuana Act MCL 333.26424 was approved by voters in 2008. The three laws are HB 4209, HB 4210, and HB 4827.
HB 4209 – Marijuana Dispensaries Legalized
The HB 4209 law legalizes marijuana dispensaries, growers, and processors provided that they get licensed. While medical marijuana has been legal in Michigan since 2008, patients or caregivers had to grow their own plants. To offset the cost of the new regulations the law imposes a 3% tax on all marijuana providers. The law gives the new regulatory board one year to get everything set up to start licensing marijuana providers. This means that it probably won’t be until late 2017 or early 2018 when you will be able to register a marijuana dispensary, grower, or processor business.
HB 4827 – Marijuana Monitoring System
The HB 4827 law creates a system that will monitor marijuana that is being sold. It will also track medical marijuana registry cards when purchases to make sure they are valid and up to date.
HB 4210 – Legalizes More Forms of Marijuana for Medical Use
The HB 4210 law amends the Michigan Medical Marijuana Act and differentiates between pure marijuana and marijuana infused products such as marijuana food, oils, and wax. It also establishes a system to determine the equivalent marijuana weight in an item that is infused with marijuana. It is important to remember that this applies to medical marijuana patients and caregivers, so a registration card is needed.
How to Get Your Marijuana Possession Conviction Overturned
Now that we have looked at the background of these three new laws, we can examine how they could make it possible to overturn your marijuana possession conviction. HB 4210 is retroactive which means that if you wouldn’t be convicted under the new law, you can get your old conviction removed from your record. This can be very important because a second offense can be a felony. If you were convicted of a marijuana possession offense between 2008 and today and meet certain criteria, The Law Office of Brian Frey, PLLC can get the conviction removed from your criminal record. The criteria are: 1. you must have been a registered medical marijuana patient or caregiver at the time of your arrest 2. you must have had a marijuana infused product at the time of your arrest 3. the weight of the marijuana infused product must have been under 40 ounces if a solid marijuana infused product, such as a pot brownie, 17.5 grams of a gaseous marijuana infused product, or 90 fluid ounces of marijuana infused liquid.