This article was originally published on the Marijuana Patients Organization site on February 4, 2013.
We are getting many accounts of medical marijuana patients throughout Michigan being arrested or fined for violating our State’s new “driving with marijuana law”, or as we like to call it the “Marijuana Trunk Law”. Most patients simply are unaware of the new law and some had their medicine in a purse, coat pocket or even in the back seat during routine traffic stops. We have received word from some patients being let go and warned, and assume the discretion and attitude of the officer has a lot to do with your outcome.
It appears law enforcement is well educated regarding the new law, and are arresting patients who do not keep their medical marijuana in a trunk. No concern for arrest if you remember to keep it in your trunk, every time. If you do not have a trunk, get one. We do not provide legal advice, but the law leaves lots for interpretation, a scary place if you have your marijuana any where but the trunk.
The Michigan State Police are encouraging law enforcement throughout the State to defer to the discretion of each County Prosecutor. We do not need to emphasize the very dangerous position our elected leaders put us in, and we encourage any one with out a trunk to ask your State Senator or Representative what the intent of the law was, and how you can stay safe. They owe you that much.
Below is the new law that went into effect in January.
Sec. 474. (1) A person shall not transport or possess usable marihuana as defined in section 26423 of the public health code, 1978 PA 368, MCL 333.26423, 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.
(2) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.