Order Michigan Supreme Court
Lansing, Michigan
June 22, 2011 Robert P. Young, Jr.,
Chief Justice
142712 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra,
Justices
Plaintiff-Appellant,
v SC: 142712
COA: 295125
Oakland CC: 2009-009016-AR
ALEXANDER EDWARD KOLANEK,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the January 11, 2011
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
include among the issues to be briefed: (1) whether a defendant is eligible to assert the
affirmative defense of medical use of marijuana under MCL 333.26428(a) without first
obtaining a valid “registry identification card;” (2) whether the “[e]xcept as provided in
section 7” language in MCL 333.26428(a) requires a defendant to fulfill all of the
conditions set forth in MCL 333.26424 in order to have a valid defense under
MCL 333.26428(a); and (3) whether a defendant may assert the affirmative defense
under MCL 333.26428(a) as a defense at trial after a court has denied his motion to
dismiss under MCL 333.26428(b).
We further ORDER that this case be argued and submitted to the Court together
with the case of People v Kolanek (Docket No. 142695), at such future session of the
Court as both cases are ready for submission.
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.
June 22, 2011 _________________________________________
y0615 Clerk