HELLO??? Law Enforcement – Please Read the Court of Appeals Opinion and Let the Juries Decide

I don’t know Alexander Kolanek.   From the looks and sounds of the criminal justice officials and authorities in and around the tri-county area, they haven’t heard of him either.  Kolanek is the subject of the Court of Appeals opinion, People of the State of Michigan v Alexander Kolanek.  In Kolanek, the Court of Appeals issued the following statement about Medical Marijuana defenses and cases:

As the statute does not provide that the failure to bring, or to win, a pre-trial motion to dismiss deprives the defendant of the statutory defense before the factfinder, defendant’s failure to provide sufficient proofs pursuant to his motion to dismiss does not bar him from asserting the Section 8 defense at trial nor from submitting additional proofs in support of the defense at that time.

In other words, Kolanek stands for the proposition that the medical marijuana defense can be asserted at trial NO MATTER WHAT.  Unfortunately, the officials that I encounter are arguing and deciding the opposite.  They are holding that where the accused’s evidence is even the slightest bit off, the cannot assert the defense at trial.  Shocking.  Offensive.  Happening.   They need to read Kolanek:  the defense can be asserted at anytime.  ANYTIME . . . Why are judges not following this?  Why are the courts depriving juries of the power to decide these cases?  Why are people not allowed to present this defense to a jury?

When you can answer these questions, you won’t my help or advice.  Until then, contact Neil Rockind, P.C. and attorneys Neil Rockind and Colin Daniels with questions about Michigan Medical Marijuana.  This is important and we can help.

Neil Rockind

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