People v Green ? Left To People v McQueen
The Michigan Supreme Court issued an Order in June 2013 reversing the Michigan Court of Appeals in People v Green, and explained that the trial court should follow the Court?s opinion as explained in People v McQueen. For those who do not know about People v Green, the matter involved a transfer from an MMMA patient to another MMMA patient. Therefore, the question or issue in People v Green was very similar to the question in People v McQueen.
Therefore, as explained in McQueen and ordered to be applied in People v Green, marihuana can only be transferred between caregiver and patient in order to qualify for Section 4 Immunity. The Court in McQueen also went as far to explain that a patient and a patient can transfer marihuana between one another but only when that transfer is for the benefit of medical use as applied to both patients. Wait what?
In essence, both patients involved in a transfer between one another must benefit from the medical use of marihuana while involved in the transfer. The Court in McQueen even went as far to explain that the transfer could be for the sale of marihuana; however, it went on to reiterate that the transfer must be for the benefit of medical use of marihuana as applied to both patients involved in the tranfer. Or the transfer involves the registerd caregiver and attached qualified patient.
This is an interesting topic to comprehend and identify, but there is a silver lining to all of what has occurred between the two cases. That silver lining is that the MMMA does allow for transfers under certain circumstances. It must also be noted that the issue discussed about, and involved in Green and McQueen, above deals with Section 4 – Immunity. If there is a finding that Immunity in a particular case is not substantiated by the facts of that particular case then the individual defendant may still have the opporunity to argue for a Section 8 – Affirmative Defense. It will be interesting to see the outcome of People v Green as it goes back to the trial court.
It is imperative to know the law, maintain your rights, and lawyer-up with a criminal defense attorney. Do not represent yourself, but instead obtain compentent and knowledgable counsel to assist you. Josh Jones specializes in Marihuana Defense and is here for you and your case. Call 734-355-0424 or 810-691-7308 today for your free consultation. He has your back!
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