Portions of Michigan’s medical marijuana law will be tested for the first time in the Michigan Supreme Court.
In King, the defendant had a valid medical marijuana card and a statutorily approved amount of marijuana but was charged with manufacturing marijuana on the theory that he was not growing it in an “enclosed, locked facility.”
In Kolanek, the defendant was arrested for a marijuana offense, and then obtained a doctor’s authorization for a medical marijuana card. The doctor testified that Kolanek would have qualified for a card before his arrest. The defendant also had a discussion with the doctor about whether marijuana would be an appropriate treatment for him but this discussion took place before the medical marijuana act became law.
The Court will decide whether the act’s affirmative defense are available to these defendants.