Michigan Court of Appeals says there is no crime in sharing medical marijuana.

The Michigan Court of Appeals says that it is not illegal for a registered medical marijuana user to share a small amount of marijuana with another registered user at no cost.  On January 29, 2013, Justices, P.J. Cavanagh, Hoekstra and JJ. Shapiro affirmed the Barry County Circuit Court’s decision that Tony Allen Green was immune from prosecution for his transfer of marijuana to another registered medical marijuana patient.

 

On September 7, 2011 Mr. Green gave Al Thornton marijuana.  On that day the defendant already possessed a patient registry card and Mr. Thornton had submitted a valid application for a registry card more than 20 days before the transfer.  Under MCL 333.26429(b) Mr. Thornton’s application was the equivalent of a registry identification card.  The amount of marijuana that Mr. Green gave Mr. Thornton was less than the 2.5 ounces that a registered qualified patient is permitted to possess under the Michigan Medical Marijuana Act.  Mr. Green was arrested after authorities learned that he gave Mr. Thornton marijuana.

 

The circuit court noted that the statutory definition of “medical use” included “transfer” of marijuana, and in this case, defendant transferred marijuana to Thornton.  The circuit court granted defendant’s motion to dismiss stating that there did not need to be a patient-caregiver relationship to justify the transfer of marijuana under the MMMA.  The prosecution appealed to the court of appeals who affirmed the circuit court’s dismissal.
 

If you are a medical marijuana patient and or caregiver and you are being investigated for possible violations of the Michigan Medical Marijuana Act, you will need to contact a Michigan Drug Defense Attorney.  Call LEWIS & DICKSTEIN, P.L.L.C. for a free consultation at (248) 263-6800 or fill out a Request for Information Form and one of our attorneys will contact you.