Archive for November, 2012

Section 8 May Be Used as Affirmative Defense if Asserted Before Evidentiary Hearing

On May 31, 2012, the Michigan Supreme Court decided the case People v. Kolanek and clarified much of the Michigan Medical Marijuana Act (“MMMA”). The case was sent back to trial requiring an evidentiary hearing in order for the defendant to assert a Section 8 affirmative defense. This case held that Section 8 of the […]

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Section 8 Cannot be Asserted for the First Time at Trial

The Michigan Court of Appeals decided the case of People v Anderson on October 5, 2012 and held that the affirmative defense of Section 8 of the Michigan Medical Marijuana Act (“MMMA”), MCL 333.26428 which follows the holding of People v. Kolanek (5/31/2012) cannot be asserted for the first time at trial. To use ‘the […]

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Search Warrant Affidavits re: Marijuana Do Not Need Facts Pertaining to MMMA

On August 28, 2012 the Michigan Court of Appeals decided People v. Brown and found that a Search Warrant Affidavit concerning marijuana need not provide specific facts pertaining to the MMMA. The court found this because possession, manufacture, use, creation, and delivery of marijuana remains illegal in Michigan despite the enactment of the Michigan Medical […]

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