Favorable Court of Appeals decision - Section 4 defense

The Michigan Court of Appeals released its opinion in People v Nicholson, No 306496, on June 26, 2012. The court found that the defendant was not immune from arrest for marijuana possession because his application paperwork for a registry identification card was not reasonably accessible at the location of his arrest. However, because defendant did possess a registry identification card that had been issued before his arrest when being prosecuted, he was immune from prosecution unless there was evidence to show that his possession of marijuana at the time was not in accordance with medical use as defined in the Michigan Medical Marihuana Act or otherwise not in accordance with the provisions of the act. Daniel Grow commented, "This opinion is important because it allows a patient or caregiver to present registry cards in support of his or her defense, even if the cards were not on hand at the bust."