The Michigan Medical Marihuana Act (MMMA) provides medical-marijuana users, and their caregivers certain, limited protections. Under § 4 of the Act, MCL 333.26424, a qualifYing patient and a primary caregiver, who have a registry identification card, are not subject to arrest or prosecution. If they have a registry identification card and are within the Act’s amount limits, these individuals have a presumption that they are engaged in medical use. Separately, the MMMA grants a narrower affirmative defense to prosecution as a stopgap measure, for those patients and caregivers engaged in medical use who do not have a card, when the requirements of § 8 of the Act, MCL 333.26428, are met and when the medical use is carried out in accordance with the Act as required by § 7, MCL 333.26427.
Supreme Court Nos. 142695 & 142712
Plaintiff-Appellee, Court ofAppeals No. 295125
Oakland Circuit Court No. 2009-009016-AR
Defendant-Appellant: ALEXANDER EDWARD KOLANEK
Filed October 14, 2011