E.D.Mich.: Despite MMJ law, def rolling a joint when stopped could have his car searched

When defendant was stopped, he was seen rolling a joint. Despite the medical marijuana law, the officer could search the car for more because it was still a violation of federal law. United States v. Hinds, 2020 U.S. Dist. LEXIS 16883 (E.D. Mich. Feb. 3, 2020):

Hinds contends that there is “clear and uncontroverted evidence” that he was in compliance with the Michigan Medical Marijuana Act (“MMMA”) when police stopped the minivan in which he was a passenger and searched it. He says this evidence of compliance precluded a finding by law enforcement that there was probable cause to search the van. Presumably, the “clear and uncontroverted” evidence of compliance is that the Government did not contest that Hinds had a valid medical marijuana card at the time, although officers did not allow him to produce it.

Hinds made the same argument in his motion to suppress. And, the Court found that whether a person has a medical marijuana card and may be in compliance with the MMMA has no bearing on whether law enforcement can make probable cause determinations for potential violation of federal drug laws and execute a search under the Fourth Amendment.

Here, Officers legitimately stopped Hinds’ car. They saw Hinds rolling a joint and they saw vials commonly used for packaging marijuana in the center console of the car. Under these circumstances and under federal law, officers lawfully had probable cause to search the vehicle.