Order Michigan Supreme Court
Lansing, Michigan
December 23, 2015 Robert P. Young, Jr.,
Chief Justice
147689 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-Appellant, Justices
v SC: 147689
COA: 316389
Oakland CC: 2012-243580-FH
JOEL MARTIN SELMAN,
Defendant-Appellee.
_________________________________________/
By order of June 11, 2014, the application for leave to appeal the July 18, 2013
order of the Court of Appeals was held in abeyance pending the decisions in People v
Hartwick (Docket No. 148444) and People v Tuttle (Docket No. 148971). On order of
the Court, the cases having been decided on July 27, 2015, 498 Mich 192 (2015), the
application is again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave
to appeal, we REVERSE that part of the trial court’s ruling that allows the defendant to
present at trial his § 8 affirmative defense under the Michigan Medical Marihuana Act
(MMMA), MCL 333.26421 et seq. Because the defendant failed to present prima facie
evidence of each element of § 8(a), the defendant is not entitled to present a § 8 defense
at trial. Hartwick, 498 Mich at 203. We REMAND this case to the Oakland Circuit
Court for further proceedings not inconsistent with Hartwick or 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.
December 23, 2015
p1216
Clerk