Michigan Jury Instructions-Exception to or Exemption from Controlled Substances Act

 

Exception to or Exemption from Controlled Substances Act

To prove that the defendant Is an Exception to or Exemption from Controlled Substances Act – The Defendant has the burden.

JURY INSTRUCTIONS

M Crim JI 12.4a Exception to or Exemption from Controlled Substances Act

(1) The defendant has offered evidence that [he / she] [had a valid prescription for / was authorized to (manufacture / deliver / possess / use)] [identify the controlled substance charged]. [Describe evidence.]

(2) The defendant has the burden of proving [he / she] [had a valid prescription for / was authorized to (manufacture / deliver / possess / use)] [identify the controlled substance charged] by a preponderance of the evidence.  This means that the evidence must persuade you that it is more likely than not that [he / she] [had a valid prescription for / was authorized to (manufacture / deliver / possess / use)] [identify the controlled substance charged].

(3) If you find that the defendant [had a valid prescription for / was authorized to (manufacture / deliver / possess / use)] [identify the controlled substance charged], you must find [him / her] not guilty.

 

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(4) If you find that the defendant [did not have a valid prescription for / was not authorized to (manufacture / deliver / possess / use)] [identify the controlled substance charged], you must still determine whether the prosecutor has proved the elements of the charge beyond a reasonable doubt.

Use Note

This instruction must be used if the defense presents competent evidence that the defendant had a valid prescription for, or was otherwise authorized to manufacture, possess or use, the controlled substance. See People v Robar, 321 Mich App 106, ___NW2d___ (2017).

Prescription possession or use of a controlled substance is excepted from a criminal violation of the Controlled Substances Act under MCL 333.7403(1) or MCL 333.7404(1), respectively.  Exemptions to manufacturing or delivering controlled substances are found in MCL 333.7303 and 333.7304.

History

Adopted June, 2018.

Michigan State Bar “Michigan’s model criminal jury instructions have been developed over the course of many years through the State Bar’s Standing Committee on Criminal Jury Instructions, and published by the Institute for Continuing Legal Education which has made them available to its subscribers and through individual purchase. Calling these instructions a “valuable tool,” the Michigan Supreme Court has concluded that they have acquired such widespread use and the utility for attorneys, litigants, and courts, the Court has now ordered that the use of will be freely available, and mandatory after March 1, 2014.”


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About Komorn Law

Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry.

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Lead attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.

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