While the § 4 defense of the Michigan Medical Marijuana Act (MMMA) is relatively clear, § 8 suffers from a high level of vagueness and ambiguity. The most recent published attempt to clarify this defense by the Michigan courts occurred in People v Bylsma, ___ Mich App ___ (2016) where the Court of Appeals was presented with the issue of the relevance of a registered caregiver-patient relationship to the assertion of immunity under § 8 of the MMMA. That court reaffirmed the Michigan Supreme...

The Michigan Court of Appeals has, yet again, upheld a conviction of a Michigan Medical Marijuana Patient and Caregiver. In a 2-1 opinion, the Court addressed the meaning and consequences of marijuana that is found to be in the curing stages.  In People v Rocafort, an unpublished opinion, the Court held the marijuana seized by law enforcement was dried marijuana--despite having moisture--and exceeded the amount of marijuana Ms. Rocafort could possess under the Michigan Medical...

January 14, 2015 will be, perhaps the biggest day in the Michigan Supreme Court for Michigan’s Medical Marijuana Patients and Caregivers.  The Court will hear a total of three cases that discuss Michigan’s Medical Marihuana Act and the defenses that are embodied within the statute.  The two cases that discuss the heart of Section 4 and Section 8 are Hartwick and Tuttle:

People v Richard Lee Hartwick / People v Tuttle:

Richard Hartwick, was arrested for illegally growing and...