Opinion
Docket No. 148440. COA No. 317904.
11-24-2015
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Ryan Michael BYLSMA, Defendant–Appellant.
Order
By order of June 11, 2014, the application for leave to appeal the November 12, 2013 order of the Court of Appeals was held in abeyance pending the decision in People v. Hartwick (Docket No. 148444) and People v. Tuttle (Docket No. 148971). On order of the Court, the case having been decided on July 27, 2015, 498 Mich. 192, 870 N.W.2d 37 (2015), the application is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration, as on leave granted, of whether the defendant, who possessed, cultivated, manufactured, or delivered marijuana to a patient or caregiver to whom he was not connected through the registration process of the Michigan Medical Marihuana Act (MMMA), MCL 333.26421 et seq. , “may assert the medical purpose for using marihuana in a motion to dismiss, and the charges shall be dismissed following an evidentiary hearing where the person shows the elements listed in subsection (a).” MCL 333.26428(b). Cf., State v. McQueen, 493 Mich. 135, 156, 828 N.W.2d 644 ns 59 & 60 (2013). In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining question presented should be reviewed by this Court.
We further ORDER that this case be argued and submitted to the Court of Appeals together with the case of People v. Overholt (Docket No. 149795), which we remanded to the Court of Appeals for consideration as on leave granted by order of the same date, at such future session of the Court of Appeals as both cases are ready for submission.
We do not retain jurisdiction.