People of Michigan v. Tony Allen Green ( 2013 )

Order Michigan Supreme Court
Lansing, Michigan
June 19, 2013 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Stephen J. Markman
146990 Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellant,
v SC: 146990
COA: 308133
Barry CC: 11-100232-FH
TONY ALLEN GREEN,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the January 29, 2013
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in
lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals. It
is not disputed that the defendant, a registered qualifying patient under the Michigan
Medical Marihuana Act (MMMA), MCL 333.26421 et seq., transferred a small amount
of marijuana to another person who was a registered qualifying patient pursuant to MCL
333.26429(b). In Michigan v McQueen, 493 Mich 135 (2013), this Court held that, under
the MMMA, Ҥ 4 immunity does not extend to a registered qualifying patient who
transfers marijuana to another registered qualifying patient for the transferee’s use
because the transferor is not engaging in conduct related to marijuana for the purpose of
relieving the transferor’s own condition or symptoms.” Id. at 156, citing MCL
333.26424(a) (footnotes omitted). Thus, the Court of Appeals erred in affirming the
Barry Circuit Court’s December 22, 2011 order that granted the defendant’s motion to
dismiss the charge of delivery of marijuana. We REMAND this case to the circuit court
for reinstatement of the charges against the defendant and for further proceedings not
inconsistent with this order.
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.
June 19, 2013
s0612
Clerk