Charges Dismissed Against Ottawa County Man With Michigan Medical Marijuana Act Application, Ounce Of Medical Marijuana
Posted on | July 7, 2012 | No Comments
The Michigan Court of Appeals has further clarified the Michigan Medical Marijuana Act (MMMA) as a defense to possession of the drug.
It ordered an Ottawa County District Court to dismiss charges against a defendant arrested last May near the Grandville water plant. James Nicholson had an ounce of marijuana but had his application in his car at his residence.
The court said police can arrest a person who does not have the MMMA card or approved application with them. But that charge must be dismissed when the card-holder provides proof of qualification at the time the arrest was made “unless evidence exists to show that his possession of marijuana at the time was not in accordance with medical use as defined in the MMMA.”
The District Court had implied that a qualified person had to have “immediate possession” of the card. Attorneys for Nicholson had argued the arrest itself was illegal.
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