ST. JOHNS, Mich. (AP) — Michigan’s medical marijuana law trumps another law that restricts how users can transport pot in cars, the state appeals court said, reversing the misdemeanor conviction of a man in Clinton County.
Local judges around the state have made similar rulings. But the 2-1 appeals court decision is significant because it now applies statewide.
Callen Latz is a registered medical marijuana user. He was charged in 2014 with violating a law that requires medical pot to be stored in a case in the trunk of a vehicle or in a spot that’s not easily accessible.
The marijuana transportation law was signed in 2012, four years after voters approved marijuana for certain illnesses. That created the conflict.
Latz is “immune from punishment” if he’s otherwise using medical marijuana properly, Judges Amy Ronayne Krause and Elizabeth Gleicher wrote.
“This is what I envisioned the day I took my first improper transport charge,” said Latz’ attorney, Joshua Covert. “People will no longer have to be arrested and spend a night in jail.”
In dissent, Judge Peter O’Connell said the transportation law is valid. He said local judges in each case should be allowed to determine whether someone is entitled to immunity.
The opinion was dated Tuesday but released Wednesday.
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