Order Michigan Supreme Court
Lansing, Michigan
September 4, 2012 Robert P. Young, Jr.,
Chief Justice
143572 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: 143572
COA: 301771
Oakland CC: 2010-233514-FH
GARY JEROME WATKINS,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the June 21, 2011
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in
lieu of granting leave to appeal, and consistent with our recent decision in People v
Kolanek and People v King, 491 Mich 382 (2012), we REVERSE that part of the
judgment of the Court of Appeals holding that a defendant who seeks to assert the
affirmative defense under § 8 of the Michigan Medical Marihuana Act (MMMA), MCL
333.26428, must comply with the requirements of § 4 of the act, MCL 333.26424. We
REMAND this case to the Oakland Circuit Court for an evidentiary hearing at which the
defendant may raise the affirmative defense under § 8 of the MMMA.
We do not retain jurisdiction.
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 4, 2012 _________________________________________
s0827 Clerk