COA: MMMA Status not Relevant to Dispensary Delivery
The Michigan Court of Appeals recently affirmed the Oakland County conviction of a Michigan Medical Marijuana Act card holder, when he delivered a small amount of marijuana to an undercover officer who possessed a fabricated medical marijuana card. In People v VanSickle , Docket Number 309555 (November 5, 2013), Judges Servitto, Cavanagh and Wilder held, in a published opinion, that the trial court did not err in granting the prosecution's motion in limine requesting an order that the defendant be prevented from mentioning in the trial that he was a medical marijuana patient and, therefore, legally delivered the marijuana to another patient pursuant to Sec. 4 of the Act. Jason VanSickle was arrested following the investigation of a Ferndale dispensary in 2010 (incidentally, the trial court had dismissed charges against seven of the owners or operators of the dispensary.) During that investigation, undercover officers, posing as legitimate medical marijuana patients, met the d