Michigan v. Bylsma (Opinion - Leave Granted)
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Defendant Ryan Bylsma, a registered primary caregiver under the Michigan Medical Marijuana Act (MMMA), was charged with manufacturing marijuana in violation of state law. Defendant moved to dismiss the charge, asserting that he was the registered primary caregiver of two registered, qualifying patients, and was allowed to possess the numerous plants ultimately seized by police from a building that belonged to other registered primary caregivers and registered patients whom defendant offered help in growing and cultivating the plants. The trial court denied defendant's motion, holding that the statute has a strict limit of how many plants a registered caregiver may possess, and allows only one person to have access to the facility in which the plants were grown. The issue before the Supreme Court was whether the MMMA provides a registered primary caregiver immunity when growing plants collectively with other registered primary caregivers and their qualifying patients. The Court held that a portion of the MMMA did not contemplate collective action, and as such, defendant was not entitled to its grant of immunity from arrest, prosecution or penalty. Though defendant's argument failed with regard to immunity, the Court determined that the appellate court erred in not considering defendant's affirmative defense argument under a separate section of the MMMA. The Court reversed that portion of the appellate court's decision and remanded the case to the trial court for further proceedings.
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