Order Michigan Supreme Court
Lansing, Michigan
November 24, 2015 Robert P. Young, Jr.,
Chief Justice
149795 Stephen J. Markman
Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
PEOPLE OF THE STATE OF MICHIGAN, Joan L. Larsen,
Plaintiff-Appellee, Justices
v SC: 149795
COA: 321556
Kent CC: 13-005106-FH
DAVID JAMES OVERHOLT, JR.,
Defendant-Appellant.
_________________________________________/
By order of February 3, 2015, the application for leave to appeal the June 4, 2014
order of the Court of Appeals was held in abeyance pending the decision in People v
Hartwick (Docket No. 148444) and People v Tuttle (Docket No. 148971). On order of
the Court, the case having been decided on July 27, 2015, 498 Mich 192 (2015), the
application is again 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, of whether the defendant, who sold, transferred, or delivered marijuana to
a patient or caregiver to whom he was not connected through the registration process of
the Michigan Medical Marihuana Act (MMMA), MCL 333.26421 et seq., “may assert
the medical purpose for using marihuana in a motion to dismiss, and the charges shall be
dismissed following an evidentiary hearing where the person shows the elements listed in
subsection (a).” MCL 333.26428(b). Cf., State v McQueen, 493 Mich 135, 156 ns 59 &
60 (2013). In all other respects, leave to appeal is DENIED, because we are not
persuaded that the remaining question presented should be reviewed by this Court.
We further ORDER that this case be argued and submitted to the Court of Appeals
together with the case of People v Bylsma (Docket No. 148440), which we remanded to
the Court of Appeals for consideration as on leave granted by order of the same date, at
such future session of the Court of Appeals as both cases are ready for submission.
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.
November 24, 2015
p1116
Clerk