People v. Kolanek

This case requires us to consider an issue of first impression involving the interpretation of *229the Michigan Medical Marihuana1 Act (MMMA), MCL 333.26421 et seq., namely, when a physician must provide the statement required under MCL 333.26428(a)(1). Because we conclude that the statement must occur after the enactment of the MMMA, but prior to arrest, we reverse the circuit court’s reversal of the district court’s denial of defendant’s motion to dismiss, and we remand to the circuit court for reinstatement of the charge against defendant and other necessary proceedings.

I. BACKGROUND

On April…