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 Section 8 defense’ properly it must be asserted in a pre-trial motion and requires an evidentiary hearing before the trial.
 
The Michigan Court of appeals held that requisite elements of Section 4 of the MMMA do not have to be met in order to assert a Section 8 affirmative defense.
 
A motion to dismiss a charge of manufacturing marijuana under Section 8 may be granted or denied depending upon review of evidence at the required evidentiary hearing.
 
If you or someone you know is facing criminal prosecution relation to the manufacturing of marijuana and has a MMMA registry card or has met with a qualifying physician, please feel free to call for a consultation.
 
Michael D. Hills

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