Michigan Attorney General: Police may seize medical marijuana

Nov 10, 2011

There’s a new challenge to the rights of Michigan’s medical marijuana patients.   

Michigan Attorney General Bill Schuette issued an opinion Thursday saying police can seize marijuana from medical marijuana patients. 

In the opinion, the attorney general also said it would be illegal for police to return the pot, even after they confirm that the patients possess a medical marijuana permit.  

Under the Michigan Medical Marihuana Act, a patient with a valid state issued identification card may possess up to two and a half ounces of usable marijuana. That same state law prohibits police from seizing marijuana or drug paraphernalia from authorized medical marijuana patients. 

But Attorney General Schuette said the state law conflicts with federal law on the subject of marijuana forfeiture. Schuette said federal law preempts state law. The opinion also said police could face federal drug charges if they returned the confiscated marijuana to legitimate patients.