Last week, we wrote about the Michigan Court of Appeals’ ruling that medical marijuana dispensaries are illegal if they involve the sale of marijuana. This week, the Michigan Court of Appeals issued a ruling that further limits the application of the Michigan Medical Marihuana Act (MMMA).
More Conflicts with the Michigan Medical Marihuana Act
This newest case involves Brian Reed, who undisputedly suffers from chronic back pain due to a degenerative disc disease. After Mr. Reed heard about the passage of the Michigan medical marijuana law, he asked his doctors about becoming a medical marijuana patient. The two doctors he asked said they would not recommend that Mr. Reed use marijuana since they received federal funding, and marijuana—even for medical use—is illegal under federal law. It was at this point that Mr. Reed began growing weed in his yard. The marijuana was spotted during an aerial surveillance by law enforcement on August 25, 2009. On September 16, 2009, Mr. Reed finally obtained certification from a doctor to use medical marijuana. He received his registry identification card from the State of Michigan on October 6, 2009. Then, on October 16, 2009, he was arrested and charged with manufacture of marijuana.
As we discussed, the Michigan Court of Appeals previously stated in the case of People v. Kolanek that a person can use the Section 8 Affirmative Defense of the MMMA if they receive a physician’s marijuana recommendation before their arrest. Mr. Reed argued that he should be free from prosecution, because even though he received a physician recommendation after he was caught growing the pot, this recommendation still occurred before his arrest. The Michigan Court of Appeals, however, decided to limit their ruling in Kolanek. Now, for the affirmative defense to apply, the physician statement must occur before the commission of the offense.
As criminal defense lawyers that practice medical marijuana law, we know that the courts have been trying to limit the application of the MMMA. Hopefully, one day the Michigan Legislature will make changes to the law to clear up the confusion. But for now, patients and caregivers must be completely in compliance with the law, or they face misdemeanor or felony marijuana charges. If you have an issue regarding the Michigan Medical Marihuana Act or any other drug crime, it is best to consult with a skilled attorney.