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People v. Jones: Medical marijuana immunity to be decided by trial judge.

In the case of People v. Jones Michigan’s Court of Appeals reversed a Berrien Circuit Court Judge’s finding and held that the MMMA’s Section 4 “immunity fact-finding is a question for the trial court to decide. Accordingly, the trial court’s decision finding that § 4 immunity fact-finding is a question for the jury is reversed and the case is remanded for further proceedings where the trial court shall determine whether defendant is entitled to § 4 immunity.”

(Related: Study Finds Marijuana May Combat Depression and Lead to Higher Self-Esteem)

Additionally, the COA reasoned that “assigning the trial court the duty of determining factual questions regarding the applicability of § 4 immunity will result in a more expeditious resolution of immunity claims.”

Further issue in the case was whether the defendant, Cynthia Cherelle Jones, was a Michigander when she obtained her medical marijuana credentials. No findings were made by the COA regarding whether Ms. Jones had established residency in Michigan. However, they did “agree with the trial court that Michigan residency is a prerequisite to the issuance and valid possession of a registry identification card.”

(Related: How To Get A Medical Card In Michigan)

It remains to be seen whether the COA’s opinion would preclude an immediate appeal from being filed, prior to trial, if a judge determines that a person is not entitled to a dismissal of criminal charges under the MMMA’s Section 4 immunity provisions.