You operate a consulting company, and you have been asked by a client (Donny Chong) for advice on how he can set up a marihuana based business in Ypsilanti, Michigan, as well as a few other issues. He needs specific legal advice on the following items related to his business plans, and he is looking for advice that lets him as much as possible, right up to the line of what is legally allowed. You will need to identify all laws, statutes, case law and Constitutional issues/protections that are at issue. Identify each legal issue that is relevant for each question (and each will likely have several), what that body of law says, analyze how it applies to the facts of this case and then provide your recommendation on how best the client can carry it out. For this paper, please generally stay focused on the issues the client has identified here (obviously there are many more issues outside of what is below):

The client wants to do the following:

1) Have doctors on staff who can see medical patients, discuss with them the use of marihuana for a medical problem, and issue Michigan Medical Marihuana recommendations to those patients. However, some doctors that have tentatively agreed to this have expressed concern that the DEA (Drug Enforcement Agency) may take away their DEA issued licenses that also allow them to prescribe traditional controlled medications. Discuss all of the First Amendment issues that relate to this and whether the doctors, under the First Amendment, are protected or not, from the DEA taking away their licenses, in discussing medical marihuana use and in making a medical marihuana recommendation to a patient. Also discuss any Federal Statutes or Federal Administrative Rules (Code of Federal Regulations-CFR, and so on) that may apply. (do not spend any real time discussing the Michigan MMMA, MRTMA, or MMFLA itself for this answer-- I am looking for the other analysis called for above. A little Internet research will help you navigate this issue).

As part of this medical practice, located in Michigan, the doctors on staff also want to know if their clients can reject traditional specific medical treatments for their children, where their sincerely held religious beliefs call for them to reject this type of traditional treatment (whether the client then chooses a marihuana treatment in its place or not-- the focus here is not on the right to use marihuana, but rather, on the Federal and State Constitutional and Michigan statutory rights a parent has to reject medical treatment for their children, based on sincerely held religious beliefs). Hint- you can start your analysis with In Re Piland (Michigan Court of Appeals- 2021).

2) Advertise, in national magazines and on other state wide and nationwide platforms, the availability of Michigan Medical Marihuana Doctors, who are willing to see patients to discuss the medical use of marihuana. Discuss all First Amendment issues involved, as well as all Federal Statutes. Does the analysis change if the client wants to advertise the actual sale of Marihuana?

3) Obtain both a State of Michigan Trademark and a Federal Trademark on the business name, "MedWeed", for his line of high THC, marihuana based, edible products. Is it allowed under Michigan Law? Is it allowed under Federal Law? Discuss all statutes (Federal and State), and all Constitutional issues, that are relevant. Be sure to discuss the United States Patent Trademark Office-USPTO analysis and their position on this.

4) Obtain a both State and Federal Service Mark for an unrelated business that the client, Donny Chong operates. This unrelated business is a part time side business of operating a band that plays at local bars, which is comprised of himself and several others. The name of their band is "The Squints", a name they developed, in relation to their own Asian background. Can they obtain a State of Michigan Service Mark for this? Can they obtain a Federal Service Mark for this? How do the rules at the Federal Patent and Trademark office affect their application? Any First Amendment arguments that might help their case? Any case law that addresses a similar situation?

5) Lastly, Donny Chong wants to protest on the streets of Ypsilanti, to show his hatred of current laws (State and Federal) that regulate and in some cases prohibit marihuana possession, use and sale. He also plans to protest, at the same time, his hatred of all Christians, whom he believes are worshipping a false God. He plans on defacing a Christian bible during his protest. He also has concerns about whether the crowd may attack him, so he plans to notify the local police of his protest and demand free police protection from them, so he can carry out his protest and message of hate, in complete safety. Discuss all of the laws, case law and Constitutional provisions that affect his ability to carry out this protest. Do the police have to provide him protection when he is protesting marihuana laws? How about when he is spreading his message of hate regarding Christians? (Hint: An Internet search of a 2015 case in the federal 6th Circuit may be helpful-- Bible Believers v Wayne County).