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· 5/21/2013

People v. Koon

Citations

  • 494 Mich. 1
  • 28 Am. Disabilities Cas. (BNA) 141
  • 832 N.W.2d 724
  • 2013 WL 2221602
  • 2013 Mich. LEXIS 709

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a person must actually be affected by the marijuana, not merely have it present in their system
  • holding that “under the influence” means a person was affected by the controlled substance
  • holding that “the MMMA is inconsistent with, and therefore supersedes, [the Motor Vehicle Code’s zero tolerance provision,] MCL 257.625(8)[,] unless a registered qualifying patient loses immunity because of his or her failure to act in accordance with the MMMA”
  • stating that the Medical Marijuana Act provides immunity from prosecution for otherwise criminal acts
  • explaining that the MMMA operated to “shield[] registered patients from prosecution” when such prosecution was based on a patient’s medical use of marijuana, so long as that patient was in compliance with the MMMA
  • “The MMMA, rather than legalizing marijuana, functions by providing registered patients with immunity from prosecution for the medical use of marijuana.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Young, Cavanagh, Markman, Kelly, Zahra, McCormack, Viviano

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.