Barry County Circuit Judge Amy McDowell dismissed felony delivery of marihuana charges after finding that a transfer of less than 2.5 ounces of marihuana between Qualifying Patients is protected by Michigan’s Medical Marihuana Act.The Judge based her decision on the clear language of the Act. Specifically, she noted that a Qualifying Patient engaged in the “medical use” of marihuana is protected from prosecution or penalty. And because “medical use” is statutorily defined to include the “transfer” and “delivery” of marihuana, the felony charge for delivering marihuana could not stand.
Matt Newburg of Newburg Law, PLLC represented the Defendant and said “it is refreshing to see the facts applied to the law. We felt confident about our case and knew it would come down to the clear language in the statute. We have always believed patient-to-patient transfers were not only protected but authorized by the Medical Marihuana Act.”
It is not clear whether the Barry County Prosecuting Attorney will appeal the Judge’s decision.