The Michigan Court of Appeals has recently affirmed case law related to MCL §333.26428(a), which lists affirmative defenses to charges of manufacturing marijuana. Pursuant to People v. Reed, __ Mich App __; NW2d __ (2011), “for a §8 affirmative defense to apply, the physician’s statement must occur before the purportedly illegal conduct.”
 
The Michigan Medical Marijuana Act provides for the legal consumption and production of marijuana provided that “the patient is likely to receive therapeutic or palliative benefit from the medical use marijuana,” which must be verified by a physician. The court holds that a person may be charged and arrested even after obtaining certification if the offense occurred before the obtaining said certification. MCL §333.26428(a) does not provide affirmative defense in this case.
 
If you have been charged with a crime and believe that you may have an applicable affirmative defense related to the Michigan Medical Marijuana Act, you need an experienced Michigan drug defense attorney. Please give us a call.
 
Michael D. Hills

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