People v. Reed

Defendant appeals by leave granted the denial of his motion to dismiss a charge of manufactur*80ing less than 5 kilograms or less than 20 plants of marijuana,1 MCL 333.7401(2)(d)(iii). We affirm.

This case requires us, to consider in part, the applicability of the affirmative-defense portion of the Michigan Medical Marihuana Act (MMMA), MCL 333.26421 et seq. See MCL 333.26428(a). Defendant’s marijuana plants were discovered by the police before he received physician authorization to possess them, but he was not arrested until after he had obtained the physician authorization, as well as a…