US Attorneys: Marijuana Crimes Will Still Be Prosecuted

MICHIGAN — Recreational marijuana has been approved by voters and now everyone is bracing to see what this means next for Michigan. Among the questionable moves next is what happens to those already convicted of marijuana-related crimes.

US attorney in Detroit Matthew Schneider and Andrew Birge released a joint statement Thursday afternoon reminding Michiganders that it's still a crime and one his office will prosecute.

"We will continue to approach the investigation and prosecution of marijuana crimes as we do with any other crime," the statement read. "We will consider the federal law enforcement priorities set by the United States Department of Justice, the seriousness of the crime, the deterrent effect of prosecution, and the cumulative impact of the crime on a community. As we weigh the interests in enforcing a law, we must also consider our ability to prosecute with our limited resources."

They called it one of the US Attorney office's priorities, along with gangs and terrorism and other crimes.

The statement continued saying their office has never focused on low-level offenders, but that "crimes involving marijuana can pose serious risks and harm to the community," and gave the examples of people with criminal records and the potential for environmental contamination.

Meanwhile, in Allegan County, a man named Christopher Martinez has found that his six felony charges for delivering and manufacturing marijuana have been dropped, WDIV reported. The man nor the local prosecutor’s office can say why, except for Tuesday night’s decision.

Martinez, who founded PureWest Compassion Clinic in 2010, said he found out the day after the midterm elections.

Governor-elect Gretchen Whitmer has suggested that more moves like this may be in the pipeline under her coming leadership.

The Detroit News reported that Whitmer will pursue executive action or legislation to free inmates and expunge criminal records for those convicted of marijuana crimes that will become legal under the state's pending recreational marijuana law. This was indicated in her first press conference after beating Republican and Attorney Bill Schuette in the race to be Michigan’s 49th governor.

“I think that the people of Michigan have said that for conduct that would now be legal, no one should bear a lifelong record for that conduct,” she said.

The recreational marijuana business may take several years to get fully underway.

The law doesn't take effect until 10 days after the results of the election are certified by the Board of State Canvassers -- a process that starts in each county, MLive reported. According to the Secretary of State, the certification has to legally occur by Nov. 26.

The report said it will likely take state officials up to a year to come up with new rules and regulations for shops and marijuana products.

The law doesn’t require the state to start licensing businesses until 2020.

Other things to note with the approval of recreational marijuana: you still can’t do it in public, nor while driving. You can’t buy medical marijuana for recreational use, your job can still fire you for smoking after hours and cities can still ban recreational marijuana facilities from being in their communities.

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