Archive for July, 2013

Unloaded and Inoperable Rifle Deemed a ‘Firearm’

The Michigan Court of Appeals decided the case People v Dorling on June 13, 2013. It held that the numerous definitions of “dangerous weapon” explicitly disregard whether a gun is operational. The “firearm” used in this case was an unloaded, antique Japanese rifle from World War II and it was missing its bolt, a critical […]

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No Patient-to-Patient Transfers Under the MMMA

No patient to patient transfers under the Michigan Medical Marijuana Act, even if both are valid registered qualifying patients under the Michigan Medical Marijuana Act, MCL 333.26421. The Michigan Supreme Court on June 19, 2013 reversed a court of appeals case that allowed patient to patient transfer out of Barry County (People v. Green) that […]

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Section 4 Immunity Decisions up to Trial Court Judge, Not a Jury

On July 9, 2013 the Michigan Court of Appeals decided a new case affecting the Michigan Medical Marijuana Act (“MMMA”), MCL §333.26421 et seq.   In People v Jones, ___ Mich. App. ___ (2013), the Court concluded that whether immunity is granted to certain MMMA registry cardholders in MCL §333.26421 (commonly known as a “§4 […]

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Patient to Patient Transfer

No patient to patient transfers under the Michigan Medical Marijuana Act, even if both are valid registered qualifying patients under the Michigan Medical Marijuana Act, MCL 333.26421. The Michigan Supreme Court on June 19, 2013 reversed a court of appeals case that allowed patient to patient transfer out of Barry County (People v. Green) that […]

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Not Per Se Guilty of ‘Drugged Driving’ if Registered Medical Marijuana Patient

On May 21, 2013 the Michigan Supreme Court decided the case of People v. Koon. The Court held in this case that the Michigan Medical Marijuana Act (MCL §333.26421 et. seq.) is inconsistent with and thus supersedes the Motor Vehicle Code at MCL §257.625(8) in situations where registered medical marijuana patient / cardholder drives a […]

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