Affirmative Defense

[history]

I'm studying affirmative defense laws.

 

On paper the MI affirmative defense law looks really good compared to other states. However, I've heard these laws have very little effect in MI.

 

Does anyone here know a case where the affirmative defense was used successfully in MI ?

 

CO has a rather common affirmative defense, but it's extremely successful there. Patients with terminal conditions get their doctor to write a note recommending a higher plant and weight count on their application to the registry. CO Caregivers call these "high value patients" because they can grow up to 25 plants for them when the CO plant limit is 3 mature plants. Most state legislators, judges, etc. loath to interfere with a "bona-fide" doctor / patient relationship, so having their doc sign off seems to work well to support an affirmative defense for CO patients.

 

When the judge is looking down upon a captured patient and he says - Oh yeah! Says who? In CO the patient can pull out a copy of their registration and say, "doctor's orders!"

 

Do MI patients do anything similar ?

 

I'm working with a group in a neighboring state writing ballot language and attempting to figure out why so many patients and caregivers in MI are being arrested and convicted with such a good affirmative defense law in place.

 

Any assist in helping to understand this issue in MI would be appreciated.

[thanks2]

PM these members for information on wins.

 

Some AD wins.

Dan Higgins-Genesee County-To my knowledge there is no appeal and he won.-Not registered at time, I do not remember much about his case.

Bobandtorey-Monroe County I think-At the Supreme Court level now and he won the lower courts.-before cards were issued but had doctors note and was legal.

kingpinn-shiawassee county-I think at the Appeals court level, no opinion yet I think, but won the lower courts.-growing outdoors in locked cage and was completely legal within the law.

 

This is just from what I remember, so I could be wrong. I do not know the case numbers, but maybe they will give them to you.

 

There have been a number of issues. Some judges have said section 8 only applies to registered card holders. Some have said that to use section 8 you must comply with the rest of the law, less than 12 plants and 2.5 oz. Some say section 8 is not retroactive, which the appeals court said it does not apply to those arrest before the law took effect. Some judges have said you must have a doctor’s note before the arrest. Judges have complained there is no specified jurisdiction to section 8, should the general jurisdiction court here the case or should the lower courts. Others just seem to ignore the section.