People of Michigan v. Jonathon Alan Jaszczolt ( 2017 )

Order Michigan Supreme Court
Lansing, Michigan
December 27, 2017 Stephen J. Markman,
Chief Justice
Brian K. Zahra
Bridget M. McCormack
155377 David F. Viviano
Richard H. Bernstein
Kurtis T. Wilder
Elizabeth T. Clement,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 155377
COA: 336131
Oakland CC: 2014-249810-FH
JONATHON ALAN JASZCZOLT,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the February 2, 2017
order of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of
granting leave to appeal, we REMAND this case to the Court of Appeals for
consideration as on leave granted. On remand, while retaining jurisdiction, the Court of
Appeals shall remand this case to the Oakland Circuit Court for further proceedings. The
circuit court’s December 1, 2016 decision is inadequate for appellate review because it
fails to make any findings of fact or conclusions of law that relate to the three charges
against the defendant or to draw any conclusions regarding application of the retroactive
amendments to the Michigan Medical Marihuana Act (MMMA), MCL 333.26421 et seq.,
in 2016 PA 281-283 to any of the defendant’s marijuana-related conduct, including but
not limited to his claim that he planned to transfer a portion of the marijuana in his
possession to a third-party to make a “marihuana-infused product.” See 2016 PA 283,
MCL 333.26423(f); 2016 PA 281, § 102(k). A single act by the defendant that is outside
the parameters of the MMMA does not per se taint all of the defendant’s marijuana-
related conduct. People v Hartwick, 498 Mich. 192, 241-242 (2015). The circuit court
shall forward its findings and conclusions to the Court of Appeals, which shall resolve
the issues presented by the defendant.
We do not retain jurisdiction.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
December 27, 2017
s1218
Clerk