People of Michigan v. Robert Tuttle

• Court: Michigan Supreme Court
• Decided: June 11, 2014
• Docket: 148971
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

June 11, 2014 Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh Stephen J. Markman 148971 Mary Beth Kelly Brian K. Zahra Bridget M. McCormack David F. Viviano, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee, v SC: 148971 COA: 312364 Oakland CC: 2012-241272-FH ROBERT TUTTLE, Defendant-Appellant.

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On order of the Court, the application for leave to appeal the January 30, 2014 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 registered qualifying patient under the Michigan Medical Marihuana Act (MMMA), MCL 333.26421 et seq., who makes unlawful sales of marijuana to another patient to whom he is not connected through the registration process, taints all aspects of his marijuana-related conduct, even that which is otherwise permitted under the act; (2) whether a defendant’s possession of a valid registry identification card establishes any presumption for purposes of § 4 or § 8; (3) if not, what is a defendant’s evidentiary burden to establish immunity under § 4 or an affirmative defense under § 8; and (4) what role, if any, do the verification and confidentiality provisions in § 6 of the act play in establishing entitlement to immunity under § 4 or an affirmative defense under § 8.

We direct the Clerk to schedule the oral argument in this case for the same future session of this Court when it will hear oral argument in People v Hartwick (Docket No. 148444).

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, 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. June 11, 2014 p0604 Clerk