A fundamental foundation of legal knowledge to be possessed is an understanding of the concept of “common law.” The vocabulary used on the site focuses on hemp and marijuana, and it is not everyday that a cannabis lawyer gets to write about the concept of common law, so this will be fun. As you may have already guessed, as you read this article, the target site is right here. Common law is defined as “law derived from a judge’s decision in court rather than from statutes or constitution.” When the basis of a decision is on statute or constitution, that is referred to as a “case decision.” Michigan is specifically referred to as a common law state. It follows that Michigan decisions derived from statute or constitution are referred to as “case decisions.” Michigan is, indeed, a common law state. This is important for you as it relates to navigating the cannabis laws. This will be discussed in further detail below. It would be wise to familiarize yourself with the application of the common law – even if just at a high level – before reviewing the cannabis laws and rules, which are filled with examples where the common law applies.
For example, did you know that Mich. Comp. Laws Ann. § 8.1 provides that the common law is in effect in Michigan “so far as it is not repugnant to the [Michigan] constitution” and that Mich. Comp. Laws Ann. § 8.3 provides that when there is “no provision in the statutes of this state covering any case,” “the common law of England and of this and other states shall apply”? Before we get ahead of ourselves, let us examine whether Michigan is a common law state, per the article. A few key highlights are listed below: Michigan is, indeed, a common law state, and it follows that Michigan is not limited only to written law. What does this mean for cannabis regulations? More will be discussed below.
In the Murphy article referenced above, the key features of common law as it relates to the cannabis laws and regulations are included. To continue the highlight reel, after review of the article: Now is a good opportunity to address where the federal and state laws meet in the cannabis space. Both Mich. Comp. Laws Ann. § 8.1 and Mich. Comp. Laws Ann. § 8.3 make clear the statutes and constitution are controlling over the common law, the latter of which controls the former. In particular, Mich. Comp. Laws Ann. § 8.1 provides that the common law is only applicable where “not repugnant to the [Michigan] constitution.” So the question that must be examined is: does the Michigan constitution control over or conflict with federal law?
Regardless of the answer to the above, chances are that you will need to research the common law and its application to cannabis issues in the State of Michigan, so do so before making decisions that could negatively impact the outcome of any situation you may encounter. And who knows, maybe in your research you will discover the six most noteworthy common law cases in Michigan, as provided by the article above: Although the above list is not exhaustive, it provides a good start to understanding the applicability of the common law the cannabis space in Michigan. The last point to be made is for you to understand what the answer to the question is michigan a common law state means.
For more information on common law, you can visit the Wikipedia page on Common Law.
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