Analysis of May 10, 2013, AG Opinion 7271 regarding child custody issues and medical marihuana.

Analysis of the May 10, 2013, AG Opinion 7271 regarding child custody issues and medical marihuana.

The following analysis is by Matthew Abel, Attorney at Law, Cannabis Counsel, PLC.

Mr. Abel is also the Executive Director of Michigan NORML

Michigan Attorney General Bill Schuette  released an Opinion May 10, 2013, AG Opinion 7271 regarding child custody issues and medical marihuana.

Attorney General Opinions generally have the force and effect of law, unless and until a court rules differently, and which the Courts are free to do.

An A.G. Opinion has no precedential value, which makes is much weaker in influence than a published Opinion of the Michigan Court of Appeals or Michigan Supreme Court.

Attorney General Schuette’s analysis of Application of Michigan Medical Marihuana Act to child-protective proceedings is DEEPLY FLAWED, not unlike his previous Opinion (issued years ago and neither cited nor adopted by any Court) that each twelve plants needed to be housed in separate enclosed, locked facilites (Cite Op Atty Gen 7259 2011)  http://www.ag.state.mi.us/opinion/opinions.aspx

He claims that only patients who hold current cards would qualify for the protection in Section 4(c) of the Michigan Medical Marihuana Act.  The law states “A PERSON (emphasis added) shall not be denied custody or visitation of a minor for acting in accordance with this act, unless the person’s behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated.  His arguments that this applies only to certain persons (those with valid cards) is without merit or support.

Schuette is unfairly trying to limit the class of persons who are able to argue that there is no unreasonable danger to the minor.  A gross mischaracterization of the law.

The rest of his flawed opinion flows from his initial mischaracterization.

He is continuing his blind quest and meddling where he should be respecting individual rights.

Marijuana is not for children.

Matthew R. Abel Attorney at Law
Cannabis Counsel, P.L.C.
Lawyers Who Roll The Right Way
2930 E. Jefferson Avenue
Detroit, Michigan  48207
313-446-2235
*protected email*–Executive Director, Michigan NORML

Lifetime Member, NORML Legal Committee

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