Medical Marijuana Law Update: People v. Manuel

Our attorney successfully argued and achieved immunity from prosecution
under Section 4 of the MMMA back in January 2016, which resulted in the
dismissal of all charges against Mr. Manuel. The prosecutor appealed the
dismissal, and the case proceeded to the Michigan Court of Appeals. On
April 18, 2017, the Michigan Court of Appeals unanimously agreed with
our attorney’s argument that Mr. Manuel could not be subject to prosecution
because he was entitled to immunity under Section 4 of the MMMA.

In a landmark decision, the Court of Appeals held that in order to constitute
“usable marijuana” under the MMMA the marijuana must be completely
dried—not in various drying states. Additionally, the Court of Appeals
also held that while marijuana plants must be kept in an enclosed, locked
facility, the protection of the MMMA also extends to the time it takes
to transport plants from the outside to the inside of the facility. The
Court of Appeals’ decision in
Manuel represents a commonsense, practical approach to medical marijuana that
provides some much-needed guidance to medical marijuana patients and caregivers,
attorneys, judges, and law enforcement officials.

If you have been charged with a crime or if you have questions about your
rights as a medical marijuana patient or caregiver, contact our Okemos
medical marijuana lawyers at White Law PLLC today.