Michigan Bar Second in U.S. to Create Cannabis Law Section

» Get Patch’s daily newsletter and real-time news alerts.

Medical marijuana caregivers and patients will soon have their own go-to legal specialists to help them navigate ever-evolving laws and prevent some the issues currently clogging state appeals courts.

Michigan will become the second state in the country whose state bar association, responding to the demands of the burgeoning “cannabusiness” industry, has approved a separate division for lawyers specializing in marijuana law.

Colorado, where voters approved recreational pot in 2012, was the first.

Lapeer criminal defense attorney Bernard Jocuns, the chair of the new division, told Michigan Radio the new division means lawyers can better track trends and changes in the relatively new cannabis laws. At the same time, it will encourage more attorneys to specialize in marijuana law and better represent their clients, he said.

“Those people that take the time and sit down with an attorney that’s competent in that area tend not to get in trouble,” Jocuns said.

More than 50 attorneys joined Jocuns in petitioning the state bar association to establish a Marijuana Law Section, and he expects several hundred will have declared marijuana law specialties by the end of the year, according to LegalNews.com.

Also on Patch:

• Birmingham Struggles with Where to Stash Marijuana Operation
• Lawmaker Wants Michigan Pot Smokers to Fix Roads

Attorneys from all aspects of legal work will be represented in the new division, including family law, real estate practice, bankruptcy, employment and general business law.

Whether for medical or recreational purposes, laws in states allowing varying levels of marijuana use conflict with federal drug laws, and that can complicate real-estate purchases and financing decisions, according to Law 360.

Because of the potential of tenants to violate drug and money-laundering laws, landlords need to be especially vigilant, according to the blog. Zoning issues also can be problematic in areas with cannabusiness industries.

“That’s why we had to create this networking tool for attorneys, to give everyone a forum to communicate and get updates on law changes and court cases,” Jocuns said.

The new section was approved by the bar association as more Michigan communities are voting to allow adults to possess small amounts of pot for recreational purposes. Two petition drives currently under way could put legalization of recreational pot before Michigan voters in 2016, potentially increasing the need for lawyers specializing in marijuana law, Jocuns said.

Michigan voters approved medical cannabis in a 2008 referendum. Since then, the state Supreme Court and the Michigan Court of Appeals have had to rule on several cannabis issues.

_________
Photo via Shutterstock