Drug Crimes

In The News

Sunday, July 29, 2012


By Michael Nichols
Categories: Drug Crimes

The Michigan Supreme Court recently vacated the Court of Appeal’s judgment in People v Anderson and sent the case back to the court of appeals for reconsideration in light of Supreme Court cases King and Kolanek which were decided in May of 2012.

Anderson involved two issues.  First, must a defendant who is using the affirmative defense as provided in section 8 of the Michigan Medical Marihuana Act (MMMA) provide an expert to testify regarding how much marihuana is reasonably needed for an uninterrupted supply? Second, can a defendant present the affirmative defense to a jury after a motion to dismiss involving the affirmative defense is denied by the trial judge? 

The defendant in Anderson was not a registered medical marihuana patient and therefore was not protected under section 4 of the MMMA.  The defendant instead opted to seek protection under section 8 which is available to those who have been recommended to use marihuana by a licensed physician to treat a qualifying condition.  Because the Defendant in Anderson was using the section 8 affirmative defense, he was required to prove that he had a physician’s recommendation, that he did not possess more marihuana than was reasonably necessary and that he was using the marihuana to treat one of the qualifying conditions. 

 The King and Kolanek cases specifically dealt with the section 8 defense and as such Anderson was held in abeyance until King and Kolanek were decided.  Now that King and Kolanek have been decided Anderson will be reconsidered.  It now appears that Anderson may now have the chance to present his section 8 defense at trial.

 If you are a MMMA patient or caregiver and have questions regarding the use of the section 8 affirmative defense call the Nichols Law Firm and speak with an attorney who understands the MMMA.  Call (517)432-9000.

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Peer Recognition

Mike Nichols is a national leader in drunk driving defense. He is a member of the Forensic Committee and Michigan delegate to the National College for DUI Defense. He is also a Sustaining Member of the College. Nichols is also a founding member of the Michigan Association of OWI Attorneys; a member of the American Chemical Society; an associate member of he American Academy of Forensic Science, Adjunct Professor of Forensic Evidence in Criminal Law and OWI Law and Practice at Cooley Law School. He is also author of the West OWI Practice book and several chapters in other books on science and the law.

Mike Nichols is recognized by his peers in Michigan as a “SuperLawyer” in DUI/Criminal Defense. Nichols has also been asked to speak at conferences by groups such as the NCDD; Various Bar Associations in other states.