Howard Township resident Sylvester Vanderbutts was found guilty of marijuana possession last year in a jury trial in the Cass County Circuit Court. Vanderbutts, now 53 years old, is appealing his criminal conviction. The Michigan Attorney Generalâs Appellate Division handles criminal appeals from felony convictions for Michigan counties with a population of 75,000 or less. Because Cass County falls into this category, Michigan Attorney General Bill Schuetteâs office is the government unit in charge of fighting Vanderbuttsâ appeal.
Vanderbutts is arguing he qualified to legally possess marijuana under the Michigan Medical Marihuana Act (MMMA). The Michigan medical marijuana law allows Michigan residents with a serious medical condition to legally possess a certain amount of weed for medical use. Vanderbutts did qualify for a medical marijuana card due to a stomach ulcer.
At Vanderbuttsâ trial, Cass County prosecutors argued that his more than 40 marijuana plants and almost one pound of marijuana put him over the legal amount of allowable medical marijuana under Section 4 of the MMMA. Vanderbutts admitted he had also supplied marijuana to four other people, which is not legal under the MMMA unless you are a caregiver.
Michigan Court of Appeals recently ruled in the Kolanek case
Vanderbutts argued that the Section 8 affirmative defense under the MMMA allows a defense for medical marijuana patients who exceed 2.5 ounces or a 12-plant limit as long as they do not reasonably exceed an amount reasonably necessary for their own use. The Michigan Court of Appeals recently ruled in the Kolanek case that for this affirmative defense to apply, a physician must have told the defendant that he or she believes the defendant would benefit from future use of medical marijuana. In order for this to be a valid defense, this consultation must have occurred after the enactment of the MMMA and before the date of the defendantâs marijuana offense.
When the jury found Vanderbutts guilty of marijuana possession, he was so surprised and upset that he collapsed in the courtroom. Vanderbutts decided to appeal his conviction to the Michigan Court of Appeals.
As Michigan criminal defense attorneys, we know that the Michigan medical marijuana law is in a constant state of change right now. This is mainly due to the fact that the Michigan legislature left far too many unanswered questions when they drafted the legislation. Now, people across the state are appealing their marijuana drug crime convictions. It will likely take years before the legal challenges to the law are finally settled.
If you have been charged with a marijuana crime, you may have a medical marijuana defense, even if you did not have a medical marijuana card at the time of the offense. You need to contact Michigan defense lawyers who have a proven track record of success.