Ever since the Michigan Supreme Court weighed in on the issue of Medical Marijuana in People v. Kolanek and King, the Michigan Court of Appeals has somewhat fallen in line.
Yesterday, the Michigan Court of Appeals released another medical marijuana opinion in People v. Kiel
Notably, this opinion holds that having a medical marijuana card is prima facie evidence of the necessary burden of proof regarding subsections 1 and 3 of the Section 8 defense. In other words, if a person has an actual medical marijuana card and wishes to present a medical marijuana defense at trial, all the person has to do at an evidentiary hearing is present some evidence of subsection 2, which is that the amount possessed was reasonable. This can be done by calling the defendant or an expert to testify that the amount possessed was going to be used by the patients within a reasonable amount of time.
This is great news, because it almost assures that most people with cards will be able to present a medical marijuana defense at trial – which is really all we’ve been asking for for the past 3 years.
Small steps, small steps…