Michigan Court of Appeals Overturns MMJ Transport Law

Michigan Court of Appeals Overturns MMJ Transport Law

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On Dec. 20, 2016, the Michigan Court of Appeals ruled that the state’s medical marijuana act takes precedent over a law that restricts how patients can transport medical marijuana. The ruling is the result of a 2014 case where medical marijuana patient Callen Latz was arrested for improperly transporting marijuana.

Under the 2012 law, patients transporting medical marijuana must have the substance “enclosed in a case that is carried in the trunk of the vehicle.” Failure to do so results in a misdemeanor charge, punishable by a $500 fine or 93 days in jail.

In the 2-1 decision, the justices cited a provision in the Michigan Medical Marijuana Act which states that laws inconsistent with the act do not apply.

“Because MCL 750.474 is not part of the MMMA, defendant, as a compliant medical marijuana patient, cannot be prosecuted for violating it,” the justices wrote.

According to FOX 17, Latz is now working on putting together a class action lawsuit for those affected by the now overturned transport law and is encouraging interested parties to contact to him at: callenlatz@gmail.com.

William Sumner, a freelance writer and marijuana journalist, was a staff writer for MJINews from May 2014 through February 2018. You can follow him on Twitter @W_Sumner.

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