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PEOPLE v. KOLANEK

Docket No. 295125.

804 N.W.2d 870 (2011)

291 Mich. App. 227

PEOPLE v. KOLANEK.

Court of Appeals of Michigan.

Decided January 11, 2011, at 9:00 a.m.

Attorney(s) appearing for the Case

Bill Schuette , Attorney General, B. Eric Restuccia , Solicitor General, Jessica R. Cooper , Prosecuting Attorney, John S. Pallas , Chief, Appellate Division, and Thomas R. Grden , Assistant Prosecuting Attorney, for the people.

Mark A. Ambrose and Shawn Patrick Smith , Bloomfield Hills, for defendant.

Before: MURPHY, C.J., and METER and SHAPIRO, JJ.

PER CURIAM.

This case requires us to consider an issue of first impression involving the interpretation of the Michigan Medical Marihuana1 Act (MMMA), MCL 333.26421 et seq., namely, when a physician must provide the statement required under MCL 333.26428(a)(1). Because we conclude that the statement must occur after the enactment of the MMMA, but prior to arrest, we reverse the circuit court's reversal of the district court's denial...

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