Order Michigan Supreme Court
Lansing, Michigan
September 13, 2012 Robert P. Young, Jr.,
Chief Justice
144120 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra,
Plaintiff-Appellee, Justices
v SC: 144120
COA: 302762
Kent CC: 10-011177-FH
RYAN MICHAEL BYLSMA,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the September 27, 2011
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on whether to grant the application or take other action. MCR 7.302(H)(1). At
oral argument, the parties shall address (1) whether the Michigan Medical Marihuana Act
(MMMA), MCL 333.26421 et seq., permits qualifying patients and registered primary
caregivers to possess and cultivate marijuana in a collective or cooperative; and (2)
whether, under the circumstances of this case, the defendant was entitled to immunity
from prosecution for manufacturing marijuana under § 4 of the MMMA, MCL
333.26424, or entitled to dismissal of the manufacturing charge under the affirmative
defense in § 8 of the act, MCL 333.26428. The parties may file supplemental briefs
within 14 days of the date of this order, but they should not submit mere restatements of
their application papers.
The Attorney General, the Criminal Defense Attorneys of Michigan, and the
Prosecuting Attorneys Association of Michigan are invited to file briefs amicus curiae.
Other persons or groups interested in the determination of the issues presented in this
case may move the Court for permission to file briefs amicus curiae.
I, Corbin R. Davis, 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.
September 13, 2012 _________________________________________
s0912 Clerk