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.
SO ,I drive a truck ….Am I suppose to keep it in a lock box in the bed(don’t have a topper or toolbox) ,so when I hit a bump it falls out and whoever finds it ,finds it ???
What was the intent of the legislature? To make sure it “A Doobie” is not lit as you go down the road. If the bag is in far back of your mini van or locked underneath your seat in a pick up and neither your vehicles smell like cheech or chong then you pass the test. Common sense is not to far removed from this law. Also you will have a lock box or bag to carry it. Thats how I see it and how I think cops will see it.
Medical Marijuana patients are far more sensible than law makers give them allowance for. Continued disrespect is what I take away from a non-sense law like this. Michigan Medical Marijuana patients demand respect by ending this bogus stereotype. Alcohol and prescription pills consumers do not have the high standard requirement of a MMJ patient.
Further, it’s clear that individuals that create and enforce laws regarding MMJ are uneducated about the beautiful natural plant Cannabis.
The hypocrisy cannot be ignored, but it is the law and better to be safe than sorry.
This law is BS and has Bill Shuttee all over it. Hope that some hot shot lawyer will start suing our corrupt government politicians for this disrespectful and wrong law. Should my beer be in my trunk? My vicodins, my cough syrup. What a joke.
so I drive a vehicle that has no trunk but has a compartment in between the seats that locks with the ignition key. so if the vehicle is running I can’t unlock the compartment. does that constitute a locked trunk?
wow. didn’t know that law . wow is it a dumb one .law makes need to wake up . this is so much bullshit . then people with pain meds like vicond .witch is worst for you . can be ok in the front seat of a car or truck . what the fuck is wrong with you people . pack you stuff and get out of office . your fired …..
so you can have alchohol in the interior of your vehicle still? ….. this is so ridiculous
Huh, you can not have open alcohol in your car, who isn’t to say you would chew and drive..just saying.
Yes if the beer can is open, in the trunk it must be…now long ago you could have folks in your backseat drinking beer in some states but then Madd came along and goodbye that right went..unless you are rich today and have a limo
Gee guys, its just being responsible. Open alcohol is not allowed, the bottles are all sealed when you buy them from the stores. Now maybe if the sellers would had sealed the baggies of weed that you get from the suppliers..well still, once you crack the seal, in the trunk that bottle of booze must go.
As for pills, well then you get in to what type of pills, for prescription heartburn pills, why ?
No law is ever 100% fair, I feel its dumb folks in the backseat can not enjoy a beer in passenger cars but in fancy limos its OK. That isn’t fair, no law is always fair to all.
Placing the stuff in a case inside the trunk doesn’t take that much effort, is it ? Yeah couching it might just feel more normal but its 2013 now, lol
Fred Green is right on target about Bill Scuttee and the alliances he conspires with.
Went to school with both him and Dave Camp.
Shuttee’s very self rightious. Dave was a bit more laid back, but they were both friends in school ( H.H.Dow High) and are still friends in goverment, so I know those two put every stop in they can for the laws governing medical marijuana.
And the freedoms we voted for.
Schuttee closed down the dispensary in midland here.
Him and Mike Carpenter (prosecuting atty.) of midland.
Told them either close it down or your going to jail.
That despensary is out of town……way away from those two.
Now Schuttee’s got Rick Sniders ear to master plan his push against the majority in relation to medical marijuana.
I hate it.
Definately would love to see that little boy Schutte end up stomping his feet cause he couldn’t get his way about less freedoms for marijuana…..not more.
What a jerk!
Instead of fussing with it because I have a jeep with no trunk…I spent 39.00 and bought a small portable safe. It has an electronic key pad and emergency access keys. It is worth the investment to know that I have gone over and above what is necessary and law enforcement cant mess with me.