People of Michigan v. David James Overholt

STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED August 16, 2018 Plaintiff-Appellee, v No. 340393 Montcalm Circuit Court DAVID JAMES OVERHOLT, LC No. 2017-022741-FH Defendant-Appellant. Before: SAWYER, P.J., and STEPHENS and GADOLA, JJ. PER CURIAM. Defendant, in this interlocutory appeal, appeals the trial court’s order denying his motion to assert an affirmative defense under MCL 333.26428, known as the § 8 defense, of the Michigan Medical Marihuana Act (MMMA), MCL 333.26421 et seq. We reverse the trial court’s order and remand for further proceedings.…