People v Carruthers - Retroactivity MMMA - Criminal Defense Attorney Josh Jones - July 14, 2013 - Michigan Medical Marihuana Act

People v Carruthers - Part II - Retroactivity 

The Michigan Court of Appeals provided multiple insights into the Michigan Medical Marihuana Act (aka MMMA) with its opinion in People v Carruthers. The biggest and boldest was how it defined “usable marihuana.” However, it also explained how the MMMA can be retroactive in his ability to apply its applicable defenses in certain cases or circumstances.

The court explained that the trial court committed plain error when it failed to allow the defendant to raise a Section 8 (Affirmative Defense) during an evidentiary hearing or during trial. The trial court held that the defendant did not meet the strict requirements of Section 4 (Immunity), and thus was precluded from asserting any defense under the MMMA. It must be noted, however, as the Court of Appeals did, that the opinion in People v Kolanek had not yet been penned, and thus was not controlling on the trial court in Carruthers.

Remember, pursuant to Kolanek, the Michigan Supreme Court explained that two identifiable defenses are found within the MMMA, Immunity and an Affirmative Defense. The defendant MUST NOW raise his or her affirmative defense in a pretrial motion in order to maintain his or her right to assert such a defense. Therefore, the trial court in Carruthers did not have the guidance of the Kolanek opinion. The most important part of the Carruthers opinion is that the defendant was able to have his case remanded back to the trial court and assert his affirmative defense, since he did not qualify for Immunity due to the resin based brownies being considered non-usable marihuana. 

When it comes to the MMMA it is essential to not only know the law, but to understand the law, especially when it is constantly in flux with itself. The MMMA protects certain individuals from criminal prosecution, and it provides a defense to others; however, it is imperative to obtain counsel when or if you are in trouble with the law while dealing with the MMMA. We have your back.

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