THE MICHIGAN PENAL CODE
Act 328 of 1931
750.474 Transportation or possession of usable marihuana; violation as misdemeanor; penalty.
Sec. 474.
(1) A person shall not transport or possess usable marihuana as defined in section 26423 of the public health code, 1978 PA 368, MCL 333.26423, in or upon a motor vehicle or any self-propelled vehicle designed for land travel unless the usable marihuana is 1 or more of the following:
(a) Enclosed in a case that is carried in the trunk of the vehicle.
(b) Enclosed in a case that is not readily accessible from the interior of the vehicle, if the vehicle in which the person is traveling does not have a trunk.
(2) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
History: Add. 2012, Act 460, Imd. Eff. Dec. 27, 2012
Compiler's Notes:
Former MCL 750.474, which pertained to exposing others to communicable disease, was repealed by Act 368 of 1978, Eff. Sept. 30, 1978.
Compiler's Notes:
In subsection (1), the reference to “section 26423 of the public health code, 1978 PA 368, MCL 333.26423” evidently should read “section 3 of the Michigan medical marihuana act, 2008 IL 1, MCL 333.26423.”
Notes of Decisions
Cited in
8
cases (
2 in the last 5 years), 2015–2023 · leading case:
People v. Carlton, 880 N.W.2d 803 (Mich. Ct. App. 2015).
People v. Carlton, 880 N.W.2d 803 (Mich. Ct. App. 2015).
· cites it 4× “See MCL 750.474(1). The district court issued an opinion and order in November 2013.”
People of Michigan v. Callen Trent Latz (Mich. Ct. App. 2016).
· cites it 5× “Defendant Callen Latz, a medical marijuana patient, appeals by leave granted from an order affirming the denial of his motion to dismiss his charge of illegal transportation of marijuana, MCL 750.474. Defendant pleaded guilty subject to his right to appeal the legality of the…”
People of Michigan v. Michael Eugene Thue (Mich. Ct. App. 2021).
· cites it 4× “Similarly, in Latz, the defendant pleaded guilty to illegal transportation of marijuana, MCL 750.474, subject to his right to challenge the legality of that statute as conflicting with the MMMA.”
People of Michigan v. Callen Trent Latz (Mich. Ct. App. 2016).
· cites it 3× “The majority concludes that the two statutes are inconsistent and that the MMMA preempts the transportation statute.”
People of Michigan v. Beverly Ann Kocevar (Mich. Ct. App. 2017).
· cites it 2× “According to the prosecutor, this act constituted a misdemeanor under MCL 750.474. Given that Wicker could have arrested Kocevar on the spot for illegal transport of the marijuana, the prosecutor urged, the methadone would have been found in a subsequent inventory search.”
People of Michigan v. Beverly Ann Kocevar (Mich. Ct. App. 2017).
· cites it 2× “According to the prosecutor, this act constituted a misdemeanor under MCL 750.474. Given that Wicker could have arrested Kocevar on the spot for illegal transport of the marijuana, the prosecutor urged, the methadone would have been found in a subsequent inventory search.”
People of Michigan v. Travon Dontrell Terry-Outlaw (Mich. Ct. App. 2023).
“In this case, as fully explained within this opinion, we merely decide that there was probable cause, under these facts and circumstances, supporting a conclusion that at the time of the search, police had probable cause to determine if defendant was engaged in conduct involving…”
People of Michigan v. Ali Zaid (Mich. Ct. App. 2015).
“We note that this opinion does not examine the correctness of the district court’s Miranda ruling, only the implications flowing from that ruling.”
— Mich. Comp. Laws § 750.474(1) — 1 case
People v. Carlton, 880 N.W.2d 803 (Mich. Ct. App. 2015).
“See MCL 750.474(1). The district court issued an opinion and order in November 2013.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.