Opinion
Docket No. 146990. COA No. 308133.
2013-06-19
PEOPLE of the State of Michigan, Plaintiff–Appellant, v. Tony Allen GREEN, Defendant–Appellee.
Prior report: 299 Mich.App. 313, 829 N.W.2d 921.
Order
On order of the Court, the application for leave to appeal the January 29, 2013 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals. It is not disputed that the defendant, a registered qualifying patient under the Michigan Medical Marihuana Act (MMMA), MCL 333.26421 et seq. , transferred a small amount of marijuana to another person who was a registered qualifying patient pursuant to MCL 333.26429(b). In Michigan v. McQueen, 493 Mich. 135, 828 N.W.2d 644 (2013), this Court held that, under the MMMA, “ § 4 immunity does not extend to a registered qualifying patient who transfers marijuana to another registered qualifying patient for the transferee's use because the transferor is not engaging in conduct related to marijuana for the purpose of relieving the transferor's own condition or symptoms.” Id. at 156, 828 N.W.2d 644, citing MCL 333.26424(a) (footnotes omitted). Thus, the Court of Appeals erred in affirming the Barry Circuit Court's December 22, 2011 order that granted the defendant's motion to dismiss the charge of delivery of marijuana. We REMAND this case to the circuit court for reinstatement of the charges against the defendant and for further proceedings not inconsistent with this order.