Portions of Michigan’s medical marijuana law will be tested for the first time in the Michigan Supreme Court.
The MSC has granted leave in two cases, People v. King (COA majority opinion) (COA dissent) (MSC grant order), and People v. Kolanek (COA opinion) (MSC grant orders – 142712 and 142695).
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.
A third medical marijuana case, People v. Walburg, was held in abeyance pending the outcomes in King and Kolanek.
“A new policy is trying to clear the air around the use of medical marijuana,” reports WLNS news.
“The Obama administration is telling the feds to ease-up on people using the drug under state laws. But people from marijuana users to state officials still don’t seem clear on what Michigan’s regulations involve.
“Medical marijuana they protested on the steps of the Capitol earlier this month. The protestors claimed Michigan laws were unclear.
“‘That is what we call the gray area, and that gray area has been very scary for patients,’ said Jason Pomales, president of Michigan Health and Environment Services.”