Michigan AG: Portion of Medical Marihuana Act Unconstitutional

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Michigan's Attorney General released an opinion declaring that a portion of Michigan's Medical Marihuana Act is preempted by the federal Controlled Substances Act. The portion of the state law subject of the AG opinion, requires police to return seized marihuana to patients after their release from custody. The AG concluded that police officer returning marihuana in this scenario would be violating the federal CSA and subject to criminal penalties.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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