This published opinion is the latest in the budding jurisprudence of medical marijuana. In this decision, the Michigan Court of Appeals affirmed the dismissal of the pot distribution charges brought against Tony Green. He transferred marijuana to a person who, like Green, was a medical marijuana patient.
In the Barry County Circuit Court, Green argued he was immune from criminal prosecution under the Section 4 immunity provision of the Michigan Medical Marijuana Act; the trial court judge agreed and dismissed the case. From this dismissal, the Barry County Prosecutor appealed.
The most significant aspect of this decision is that it has been designated for publication thus, it is now binding on all trial courts. The appeals court held that a medical marijuana patient is immune from a prosecution for the uncompensated transfer of a small amount of marijuana to another medical marijuana patient.
In this case, the amount of marijuana transferred was under the 2.5 ounces allowed by the MMMA. Although the person receiving the pot from Green had not been issued a marijuana card, he had applied for certification more than 20-days prior to the transfer. The Court held that his application was therefore the equivalent of a marijuana registry card.
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