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 Marijuana Act (“MMMA’), MCL 333.26421. For example, as in this case, the police were not required to check if the suspect involved was a legal Medical Marijuana registry card holder before looking to obtain a Search Warrant.
A Search Warrant may only be issued upon showing of probable cause. While, the MMMA does not decriminalize the possession, manufacture, use, creation, or delivery, it affords a certain degree of immunity from prosecution for a medical purpose. It may provide protections against a Manufacturing marijuana charge like this one, however, the probable cause requirements are not affected by the MCL Section 333.26421 et.seq.


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