State Supreme Court To Rule on Three Medical Marijuana Cases
Last week, justices from the state Supreme Court listened to oral arguments from three medical marijuana cases that started out in Oakland County. The three cases were People v. Hartwick, People v. Tuttle, and People v. Mazur.
In the first case, Hartwick has a registry card and was accused of illegal possession and growing pot in 2011.
Next, in the second case, Tuttle, a valid card holder, was arrested for the sale of seven ounces of pot to an undercover cop in a Meijer parking lot in 2011. He received charges of sale and production and having a gun while committing a felony. An interesting question to be resolved in this case is whether a qualifying registered patient who also makes illegal sales taints all activity related to the drug, even those that are allowed under the law.
With the Mazur case, she and her husband faced arrest after a raid of their basement in Holly, Michigan. Mazur’s husband was a registered patient and also the primary caregiver for two patients as well. She was charged with possession with intent to manufacture and deliver. Mazur unsuccessfully moved to dismiss the charges, stating she was entitled to immunity.
Each of these cases addresses immunity, affirmative defense, and compliance issues regarding the law. When the Michigan Supreme Court hands down their ruling, the legal landscape will be further shaped where it involves the use of marijuana in Michigan.