|Case Forum:||Michigan Supreme Court|
|Keywords:||Michigan Medical Marihuana Act (MMMA), primary caregiver, patient, affirmative defense|
Gerald A. Fisher (P13462) | 6745 Parke Lake Drive | Clarkston, MI 48346
State Bar Public Corporation Law Section (PCLS)
A qualifying patient and primary caregiver under the MMMA are not permitted to cultivate or possess marihuana in a collective or cooperative, that there is no distinction between the primary caregiver in §4 and the primary caregiver in §8, and that both are subject to the same requirements and limitations as stated in the §4 scheme of regulation, that a primary caregiver assisting patients and asserting a § 8 affirmative defense must have been assisting registered qualified patients, and, that a caregiver asserting an affilmative defense, like a patient, must preserve evidence with regard to all elements listed in §8(a).
the Supreme Court held:
|MSC requested LDF amicus brief?||No|
Ryan M. Bylsma, a registered primary caregiver under the Michigan Medical Marihuana Act (MMMA) was charged with