Order Michigan Supreme Court
Lansing, Michigan
June 22, 2011 Robert P. Young, Jr.,
Chief Justice
142695 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: 142695
COA: 295125
Oakland CC: 2009-009016-AR
ALEXANDER EDWARD KOLANEK,
Defendant-Appellant.
_________________________________________/
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
address whether, in order to have a valid affirmative defense for the medical use of
marijuana under MCL 333.26428(a)(1), a defendant must obtain the required physician
statement after the date of enactment of the Michigan Medical Marihuana Act, MCL
333.26421 et seq., but before the date of the defendant’s arrest.
We further ORDER that this case be argued and submitted to the Court together
with the case of People v Kolanek (Docket No. 142712), 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 issue 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