Medical Marijuana

STATE OF MICHIGAN

COURT OF APPEALS

(Unpublished Opinion No. 291345)

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Case Summary

The charges against defendant resulted from a search, pursuant to a warrant, of his home and vehicle on December 3, 2007.  Police recovered marijuana plants, bags of dried marijuana and assorted drug paraphernalia.  Defendant stated to police the marijuana was for medical use.  At trial, defendant moved to dismiss the charges based on the Medical Marijuana Act (hereinafter referred to as “MMA”), which provides an affirmative defense for a criminal defendant facing marijuana-related charges.  The trial court granted the defendant’s motion and plaintiff appealed.

The Michigan Court of Appeals, in an unpublished opinion, reversed and remanded for the reinstatement of the charges against the defendant because the Legislature had not manifested an intent that it apply the new statute retroactively.  The MMA statute creates a new right, and it cannot be considered a remedial statute.

Read People v Campbell in full at the Michigan Court of Appeals website.