Another look at People v Soto (MRTMA Defense Denied)

Another look at People v Soto (MRTMA Defense Denied)

Aug 1, 2025 | Criminal Defense, Michigan Laws, Michigan Medical Marhuana Regulation, Michigan News

Another look at People v. Soto:

Application of Marijuana Regulation and Taxation Act to Felony Charges

Michigan's cannabis landscape is evolving rapidly, marked by a nuanced exploration of the People v. Soto case and its implications for the Michigan Regulation and Taxation of Marihuana Act alongside the Public Health Code.

Introduction

The advent of the Michigan Regulation and Taxation of Marihuana Act (MRTMA), MCL 333.27951 et seq., has fundamentally reshaped the legal framework surrounding cannabis in Michigan.

However, the precise boundaries of this legislative initiative, particularly its interaction with pre-existing felony provisions of the Public Health Code, MCL 333.7401 et seq., remain a subject of ongoing judicial interpretation.

The case of People of the State of Michigan v. Julia Kathleen Soto, serves as a critical illustration of this evolving legal landscape, offering significant insights for legal practitioners navigating the complexities of cannabis law in the state. 

Factual Backstory and Lower Court Proceedings

The genesis of People v. Soto dates to October 26, 2022, when law enforcement initiated an investigation predicated on intelligence from Illinois State Police concerning a substantial quantity of marijuana—approximately 85 pounds—intercepted in a rental vehicle destined for southwest Michigan.

The driver of the intercepted vehicle subsequently cooperated with authorities, facilitating a controlled delivery to Chad Boylen, who directed the shipment to Julia Kathleen Soto's residence in Niles, Michigan.

Upon the arrival of the illicit cargo, Boylen was apprehended outside the residence, and Soto eventually exited her dwelling after law enforcement officers established a perimeter and issued commands for her egress. 

A "protective sweep" of the residence revealed large quantities of marijuana in plain view. Following this initial observation, officers secured a search warrant for the premises. Execution of the warrant led to the seizure of approximately 20 pounds of marijuana, predominantly located in what was identified as Soto's bedroom, alongside over $10,000 in U.S. currency. The substantial volume of cannabis and the significant cash seizure were indicative of commercial distribution rather than personal use, forming the evidentiary basis for felony charges.  

In the Berrien Circuit Court (LC No. 2022-015939-FH), Soto was bound over for trial on two felony counts: (1) possession with intent to deliver between 5 and 45 kilograms of marijuana, in violation of MCL 333.7401(2)(d)(ii), and (2) maintaining a drug house, contrary to MCL 333.7405(1)(d). Soto's defense counsel filed a motion to suppress the seized evidence, asserting an unconstitutional search, and a motion to dismiss the charges. A supplemental brief later introduced the argument that the MRTMA should preclude her prosecution for the possession-with-intent-to-deliver charge as a felony.  

Issue: Whether the evidence was seized in violation of constitutional protections, and whether the MRTMA preempts felony prosecution under the Public Health Code for large-scale possession with intent to deliver marijuana.

Result: The Circuit Court denied both motions, concluding that the evidence was admissible and that the MRTMA did not preclude the felony charges.

Michigan Court of Appeals: Interlocutory Review and Statutory Construction

Soto pursued two distinct interlocutory appeals to the Michigan Court of Appeals.

The first, Docket No. 365822, challenged the denial of her motion to suppress based on the alleged unconstitutional search. On September 11, 2023, the Court of Appeals issued an unpublished order denying leave to appeal, citing a "failure to persuade the Court of the need for immediate appellate review".  

The second appeal, Docket No. 370138, specifically addressed the Circuit Court's ruling on the applicability of the MRTMA. On May 24, 2024, the Court of Appeals granted leave to appeal, limiting review to the statutory interpretation issues raised.  

Issue: Whether the Michigan Regulation and Taxation of Marihuana Act (MRTMA), MCL 333.27951 et seq., prevents prosecution under MCL 333.7401(2)(d)(ii) of the Public Health Code for possession with intent to deliver between 5 and 45 kilograms of marijuana.  

Result: On October 7, 2024, the Michigan Court of Appeals issued a published opinion affirming the trial court's denial of the motion to dismiss. The Court's analysis hinged on a strict textual interpretation of the MRTMA, emphasizing the principle of expressio unius est exclusio alterius.

The Court noted that while MCL 333.27965(1) and (2) of the MRTMA explicitly include "possession with intent to deliver" when defining civil infractions and misdemeanors for lesser quantities, MCL 333.27965(4)—which addresses misdemeanor penalties for quantities exceeding twice the allowed amount—conspicuously omits this phrase.  

This deliberate omission, the Court reasoned, indicated the electorate's intent to exclude large-scale possession with intent to deliver from the MRTMA's more lenient penalty scheme, thereby leaving such conduct subject to the felony provisions of Article 7 of the Public Health Code.

The Court further posited that this interpretation aligns with the MRTMA's broader purpose of preventing the diversion of marijuana to illicit markets, asserting that large-scale, remunerated distribution outside state regulation constitutes illicit dealing.

The case was thus remanded to the Circuit Court for trial on the felony charges.  

Michigan Supreme Court: Update 7-11-2025

The legal trajectory of People v. Julia Kathleen Soto has now reached the state's highest judicial body. The case, identified as Michigan Supreme Court Docket No. 167834

Issue: Whether the Michigan Supreme Court will grant leave to appeal and, if so, affirm, reverse, or modify the Michigan Court of Appeals' interpretation of the MRTMA's applicability to felony marijuana charges under the Public Health Code. 

Result: On 7-11-25 Denied

The Michigan Supreme Court

The People v. Julia Kathleen Soto case has reached the highest court in Michigan.

Issue: Will the Michigan Supreme Court review the Court of Appeals' decision and potentially change the interpretation of the MRTMA regarding large-scale marijuana offenses?

Result: The case, identified as Michigan Supreme Court Docket No. 167834, is currently "Pending on Application". This means that Soto has asked the Supreme Court to hear her appeal, and the Court is deciding whether to take the case. Until the Supreme Court makes a decision, the ruling from the Court of Appeals stands.  

UPDATE 7-11-2025 DENIED

Implications for Legal Practice

The People v. Julia Kathleen Soto case underscores the critical importance of meticulous statutory interpretation in the evolving domain of cannabis law. The Michigan Court of Appeals' published opinion provides a clear, albeit potentially temporary, delineation between regulated cannabis activity and illicit trafficking. For legal professionals, this case highlights that the MRTMA is not a blanket decriminalization statute for all marijuana-related conduct, particularly concerning commercial quantities and intent to deliver for remuneration.

For those navigating the complexities of Michigan's cannabis and controlled substance laws, the need for experienced legal counsel is paramount. Komorn Law specializes in these intricate areas, offering robust defense strategies informed by a deep understanding of statutory construction, appellate procedure, and the nuances of Michigan's Public Health Code and MRTMA.

Sources: Michigan Court of Appeals Opinion,

People of MI v. Julia Kathleen Soto, COA 370138 (Oct. 7, 2024). Michigan Court of Appeals Order,

People of MI v. Julia Kathleen Soto, Docket No. 370138 (May 24, 2024). Michigan Medical Marijuana Blog, "MRTMA defense denied dismissal by MI Court of Appeals" (Oct. 7, 2024).

Michigan Court of Appeals Opinion,

People of MI v. Julia Kathleen Soto, COA 370138 (Oct. 7, 2024). Michigan Court of Appeals Opinion,

People of MI v. Julia Kathleen Soto, COA 370138 (Oct. 7, 2024). Michigan Court of Appeals Opinion,

People of MI v. Julia Kathleen Soto, COA 370138 (Oct. 7, 2024). Michigan Court of Appeals Opinion,

People of MI v. Julia Kathleen Soto, COA 370138 (Oct. 7, 2024). Michigan Courts Case Search, "PEOPLE OF MI V JULIA KATHLEEN SOTO," MSC #167834.

Michigan Court of Appeals Order,

People of MI v. Julia Kathleen Soto, Docket No. 365822 (Sep. 11, 2023). Michigan Court of Appeals Order,

People of MI v. Julia Kathleen Soto, Docket No. 365822 (Sep. 11, 2023).

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Areas of Service

We fight for our clients throughout the State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

  • Telephone Number (Civil/Family): (313) 224-5510
  • Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
  • Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
  • Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
  • Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

  • Telephone Number: (616) 632-5220
  • Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
  • Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Michigan Governor Whitmer Announces Medical Debt Forgiveness

Michigan Governor Whitmer Announces Medical Debt Forgiveness

Jul 21, 2025 | Criminal Defense, Michigan Laws, Michigan Medical Marhuana Regulation, Michigan News

Michigan Implements Substantial Medical Debt Forgiveness Program

Governor Gretchen Whitmer has announced a significant initiative to alleviate the burden of medical debt for nearly 210,000 Michigan residents, totaling over $144 million in forgiven obligations. This program, a collaborative effort with the national non-profit Undue Medical Debt, represents a strategic deployment of state resources to address a critical factor contributing to financial instability among Michigan households. The funding for this endeavor primarily stems from the state's fiscal year 2024 budget, along with supplemental contributions from various county governments, and leverages the unique operational model of Undue Medical Debt to maximize the impact of every dollar allocated. This article will provide a detailed exposition of the program's origins, funding mechanisms, eligibility criteria, and relevant legal considerations.

Background and Program Genesis

The persistent issue of medical debt profoundly impacts the financial well-being of individuals and families across the United States. Governor Whitmer's administration has consistently emphasized addressing healthcare costs and improving accessibility.

While the specifics of this particular program are recent, the Governor's familiarity with the intricacies of the healthcare finance system may be informed by her personal history. Her father, Richard Whitmer, held the position of President and CEO of Blue Cross Blue Shield of Michigan from 1988 to 2006.

His extensive tenure in a leadership role within a major healthcare insurer would have provided direct insight into the systemic challenges associated with medical expenditures and the resultant accumulation of debt. This familial connection to the healthcare industry may have contributed to a comprehensive understanding that underpins the state's proactive engagement in such debt relief initiatives.

The partnership with Undue Medical Debt is predicated on the non-profit's capacity to acquire large portfolios of medical debt from healthcare providers and collection agencies at a significantly reduced rate, subsequently discharging these obligations for the affected individuals.

The primary source of funding for this round of medical debt forgiveness is an allocation of $4.5 million from the Michigan state fiscal year 2024 budget.

Key Aspects of the Medical Debt Forgiveness Program:

  • Strategic Partnership: The State of Michigan has formalized a partnership with Undue Medical Debt, a 501(c)(3) non-profit organization. This collaboration is instrumental in the program's efficacy, as Undue Medical Debt specializes in purchasing medical debt in bulk for a fraction of its face value, thereby enabling its complete extinguishment for debtors.
  • Funding Allocation and Taxpayer Dollars: The primary source of funding for this round of medical debt forgiveness is an allocation of $4.5 million from the Michigan state fiscal year 2024 budget. This constitutes the direct use of taxpayer dollars. Furthermore, contributions from specific counties, including Wayne, Oakland, and Kalamazoo, have augmented the program's capacity. The efficiency of the program is amplified by Undue Medical Debt's operational model, wherein, on average, every dollar contributed facilitates the eradication of approximately one hundred dollars in medical debt.
  • Eligibility Criteria: Eligibility for medical debt relief is determined by specific financial parameters. Individuals qualify if their income is at or below four hundred percent (400%) of the federal poverty level, or if their medical debt constitutes five percent (5%) or more of their annual income. This targeted approach ensures that assistance is directed toward those experiencing the most substantial financial hardship due to medical obligations.
  • Notification Protocol: Individuals whose medical debt has been discharged will receive formal notification via mail directly from Undue Medical Debt. This communication will confirm the forgiveness of their outstanding medical bills, and no proactive action is required from the beneficiaries.
  • Credit Reporting Implications: It is important for beneficiaries to understand the implications for their credit reports. While the medical debt is indeed forgiven under this program, a recent federal court ruling reversed a prior rule that would have mandated the removal of medical debt from credit reports. Consequently, previously reported medical debt may persist on credit reports for up to seven years, irrespective of its forgiveness under this initiative.
  • Michigan Statutes Governing Medical Debt Collection: In Michigan, the statute of limitations for the collection of medical debt is six (6) years from the date of the last payment or written acknowledgment of the debt. Beyond this period, creditors are generally precluded from initiating legal action to recover the debt, though non-litigious collection attempts may still occur.

Komorn Law PLLC

Established in 1993, Komorn Law possesses extensive experience and expertise in navigating the complexities of legal proceedings across all court systems, ranging from district to federal jurisdictions. When confronted with legal challenges, it is imperative to secure diligent legal representation from a firm that comprehends the intricate nuances of the law and is committed to achieving favorable outcomes for its clientele. Komorn Law is distinguished by its assertive advocacy and unwavering dedication to justice. For professional legal counsel from a firm known for its tenacious representation, contact our office at (248) 357-2550.

FAQs

About Michigan's medical debt forgiveness program

 

Q: How is eligibility for this medical debt forgiveness program determined?

A: Eligibility is determined based on financial criteria, specifically if an individual's income is at or below four times the federal poverty level, or if their medical debt accounts for 5% or more of their annual income.

Q: Will the forgiveness of medical debt through this program remove past medical debt entries from my credit report?

A: While the debt itself is forgiven, a recent federal court ruling indicates that previously reported medical debt may remain on credit reports for up to seven years, even after being discharged through this program.

Q: What recourse do individuals have if they are subjected to collection attempts for medical debt after it has been officially forgiven under this initiative?

A: Individuals who receive notification of medical debt forgiveness and subsequently face collection attempts should retain their official forgiveness letter from Undue Medical Debt. They may consult with legal counsel to assert their rights and address any improper collection practices, referencing Michigan's debt collection laws, such as MCL 445.252.

More Posts

Komorn Law

Arrested? - Better Call Komorn

248-357-2550

Komorn Law
Areas of Service

We fight for our clients throughout the State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

  • Telephone Number (Civil/Family): (313) 224-5510
  • Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
  • Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
  • Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
  • Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

  • Telephone Number: (616) 632-5220
  • Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
  • Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information: