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PEOPLE v. BYLSMA

Docket No. 144120.

825 N.W.2d 543 (2012)

493 Mich. 17

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Ryan Michael BYLSMA, Defendant-Appellant.

Supreme Court of Michigan.

Decided December 19, 2012.

Attorney(s) appearing for the Case

Bill Schuette , Attorney General, John J. Bursch , Solicitor General, William A. Forsyth , Prosecuting Attorney, Timothy K. McMorrow , Chief Appellate Attorney, and Gary A. Moore , Assistant Prosecuting Attorney, for the people.

Bruce Alan Block PLC, Grand Rapids (by Bruce A. Block ), for defendant.

Bill Schuette , Attorney General, John J. Bursch , Solicitor General, Richard A. Bandstra , Chief Legal Counsel, and Jennifer Clark , Assistant Attorney General, for Amicus Curiae the Attorney General.

Gerald A. Fisher , for Amicus Curiae the Michigan Municipal League and the Public Corporation Law Section of the State Bar of Michigan.

David P. Cahill , Ann Arbor , Dennis M. Hayes , and Rosemary G. Panuco , for Amicus Curiae the Ann Arbor Medical Cannabis Guild, Inc.

Opinion

YOUNG, C.J.

In this prosecution for the manufacture of marijuana in violation of the Public Health Code, MCL 333.7401(1) and (2)(d), we must determine whether § 4 of the Michigan Medical Marihuana Act (MMMA)1 provides a registered primary caregiver with immunity when growing marijuana collectively with other registered primary caregivers and registered qualifying patients. We hold that § 4 does not contemplate...

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