People v. Mazur

This case requires us to examine immunity under the Michigan Medical Marihuana Act (MMMA), MCL 333.26421 et seq. We are specifically concerned with the application of the MMMA’s immunity provisions to individuals who are neither registered qualifying patients nor primary caregivers. See MCL 333.26424(g); MCL 333.26424(i).

We hold that a defendant claiming that he or she is solely in the presence or vicinity of the medical use of marijuana is not entitled to immunity under MCL 333.26424(f) when the medical use of marijuana was not in accordance with the act. Nor is a defendant entitled to…