People v. Danto and Nater

The Michigan Court of Appeals released another medical marijuana opinion last week. Not surprisingly, the case further limits the application of the Michigan Medical Marijuana Act.

Read the opinion here.

Essentially, the Court ruled (1) that if the marijuana (plants and looseleaf) is not kept in an enclosed, locked facility, then the defendant cannot present a medical marijuana defense and, more importantly, cannot even reference the Michigan Medical Marijuana Act at trial; and (2) that the defendant is not entitled to an evidentiary hearing on a motion to dismiss – unless the trial court deems it necessary.

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