Opinion
Docket No. 144120. COA No. 302762.
2012-09-13
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Ryan Michael BYLSMA, Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the September 27, 2011 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on whether to grant the application or take other action. MCR 7.302(H)(1). At oral argument, the parties shall address (1) whether the Michigan Medical Marihuana Act (MMMA), MCL 333.26421 et seq. , permits qualifying patients and registered primary caregivers to possess and cultivate marijuana in a collective or cooperative and (2) whether, under the circumstances of this case, the defendant was entitled to immunity from prosecution for manufacturing marijuana under § 4 of the MMMA, MCL 333.26424, or entitled to dismissal of the manufacturing charge under the affirmative defense in § 8 of the act, MCL 333.26428. The parties may file supplemental briefs within 14 days of the date of this order, but they should not submit mere restatements of their application papers.
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.