Improper Transportation of Marijuana Archives | Shyler Engel, PLLC

March 29, 20170
A Shyler Engel, PLLC client was charged with violation of the Improper Transport statute. However, in People v Latz, the Michigan Court of Appeals held that patients registered with the Michigan Medical Marihuana Program cannot be successfully prosecuted through the Improper Transportation statute. Our client came to us after he had been arraigned by the judge, being placed on testing bond. Shyler quickly called the prosecution advance of the court date to avoid having our client appear. Just before the night before the court appearance, we learned the prosecution had decided to dismiss the case.
September 20, 20160
A Shyler Engel, PLLC client was charged with Improper Transportation after the police stopped our client in a parking lot for “suspicious activity.”  Our client had forgotten to place his medical marijuana in a case in the trunk of his car.  We filed a motion to dismiss the charges for a lack of probable cause to stop our client’s car, and argued that he was immune from prosecution of any charge involving marijuana based on the protections under Section 4 of the MMMA. The Prosecutor offered to reduce the charge to Double Parking, a civil infraction carrying no consequences. Our client accepted the Prosecutor’s offer.
July 27, 20160
A Shyler Engel, PLLC client was cited with Improper Transportation of Marijuana after he was pulled over for violation of a traffic law. He inevitably turned over a vaporizer to the police, which did have marijuana in the heating chamber. The police, and inevitably the city attorney charged him with improper transportation of marijuana. Shyler filed a motion to dismiss the charges for many reasons including the argument that patients are immune from prosecution. The judge agreed with our arguments and immediately dismissed the charge.
April 28, 2016
A Shyler Engel, PLLC client was pulled over by a police officer after he had allegedly drove through a red light. Our client immediately confessed to having his medical marijuana in the wrong part of the car. Our client was issued a misdemeanor citation for Improper Transportation of Marijuana, and the Failed to Stop at a Traffic Light civil infraction. After we filed our Motion to Dismiss based on the MMMA superseding the Improper Transportation statute, the City Attorney argued that both the Improper Transport and the MMMMA could be read harmoniously. The judge concerned himself with the pending case before the Court of Appeals, People v Latz and believed the case should be stayed until the appellate court provides further guidance. The City Attorney then offered to dismiss both the Improper Transportation citation and the civil infraction, if our client paid a fine. Our client agreed, and left the courthouse without a conviction, probation, or testing.
March 21, 2016
A Shyler Engel, PLLC client was charged with Operating Under the Influence of Drugs (OUID), Reckless Driving, and Improper Transportation of Marijuana after she lost control of her vehicle and crashed. The blood results indicated that there was active-THC in her blood. After a series of motions and setting the case for trial, the prosecutor asked us to try to resolve the matter. Today, our client entered a guilty plea to the Improper Transportation of Marijuana and a responsible plea to Careless Driving. The “drunk driving” charge was dismissed. The reckless driving charge was dismissed. After probation, the Improper Transportation charge will be dismissed. While our client will have probation, she will be able to continue using marijuana for medical purposes. While we’re never happy that anyone has to be on probation, we simply could not pass up the chance of having all the criminal charges dismissed, including the driving under the influence of drugs and reckless driving charges.
February 5, 2016
A Shyler Engel, PLLC client was charged with Possession of Marijuana. Our client unfortunately had no diversion program eligibility; he had already used §7411 and he was in his mid-30s. However, our client did secure a medical marijuana card after the incident. The prosecutor initially made no offer other than to plead guilty and be on probation, however after talking the judge about the implications of having a medical marijuana card while on probation, the judge decided to permit our client to use marijuana for medical purposes while on probation. Bringing that new information back to the prosecutor, the prosecutor was gracious enough to offer a reduced plea to Improper Transportation of Marijuana. The judge, seemingly happy to further help our client, then decided to simply sentence our client to fines and costs. For our client, who had no medical protections at the time of the arrest, he walked away with simply fines and costs on an Improper Transportation charge. No probation, no testing, and no driver’s license sanctions.
January 6, 2016
A Shyler Engel, PLLC client was charged with Possession of Marijuana in a District Court known for its lengthy terms of testing probation. Our client had one goal: to be able to continue to using marijuana. We uncovered a potential Kolanek issue that would render him protected under Section 8 under the Medical Marijuana Act. We filed a motion and prepared for the Section 8 hearing. When we appeared, the prosecutor eventually offered our client a dismissal in exchange for a plea to Improper Transportation of Marijuana. Unfortunately, Improper Transportation of Marijuana in this court often results in testing probation as well. We explained to the judge firstly the necessity of the need for our client to use marijuana for medical purposes, and then secondly, our position that marijuana use for medical purposes is protected from violations of probation. With that, the judge agreed to simply place our client on non-reporting and non-testing probation. Further, with the dismissal of the Possession charge, our client also avoided all driver’s license sanctions. Our client left the courthouse with his goals achieved.
December 22, 2015
A Shyler Engel, PLLC client was charged with Improper Transportation of Marijuana and Minor in Possession of Alcohol. We filed motions to dismiss both charges, and we received a call from the prosecutor before the motion hearing to discuss possible resolutions. Long story made short, both charges were dismissed outright in exchange for a plea of responsible to a simple traffic infraction. No probation. No testing. Better yet, our client never even had to show up for court and sent the $165 fine for the civil infraction by mail.
November 9, 2015
A Shyler Engel, PLLC client was charged with Improper Transportation of Marijuana in Bloomfield Hills, not by any means a safe place for a medical marijuana patient. Being prosecuted in the 48th District Court can be a nerve-racking experience. Often, criminal defendants go to jail, even for first offenses. If jail is not imposed, testing probation is a near certainty. We filed our motions to dismiss and the prosecution asked for an adjournment of the motion hearing to reassess their opinion on our arguments. When we appeared for the rescheduled oral argument, the prosecutor voluntarily dismissed the charges against our client.
October 29, 2015
A Shyler Engel, PLLC client was charged with improper transportation of marijuana, a misdemeanor punishable by up to 93 days in jail and/or a $500 fine. We’ve handled a fair number of these cases, but this one became contentious. The prosecutor filed a response and the judge seemed to indicate that she would deny our motion, meaning we would have to appeal or go to trial. We adjourned the original motion hearing for further negotiations. After three weeks of back and forth with the prosecutor, we still didn’t have a deal that would make our client happy. He wanted no probation, no testing, and no conviction. Finally, moments before the date-certain motion hearing, the prosecutor offered to reduce the charge to “Misuse of Property,” a civil infraction that has no criminal record, and of course, no possibility of jail or probation. Our client paid a $150 fine and left the courthouse for good.