Opinion
SC: 155377 COA: 336131
12-27-2017
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Jonathon Alan JASZCZOLT, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the February 2, 2017 order of the Court of Appeals is 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. On remand, while retaining jurisdiction, the Court of Appeals shall remand this case to the Oakland Circuit Court for further proceedings. The circuit court's December 1, 2016 decision is inadequate for appellate review because it fails to make any findings of fact or conclusions of law that relate to the three charges against the defendant or to draw any conclusions regarding application of the retroactive amendments to the Michigan Medical Marihuana Act (MMMA), MCL 333.26421 et seq., in 2016 PA 281–283 to any of the defendant's marijuana-related conduct, including but not limited to his claim that he planned to transfer a portion of the marijuana in his possession to a third-party to make a "marihuana-infused product." See 2016 PA 283, MCL 333.26423(f) ; 2016 PA 281, § 102(k). A single act by the defendant that is outside the parameters of the MMMA does not per se taint all of the defendant's marijuana-related conduct. People v. Hartwick, 498 Mich. 192, 241–242, 870 N.W.2d 37 (2015). The circuit court shall forward its findings and conclusions to the Court of Appeals, which shall resolve the issues presented by the defendant.
We do not retain jurisdiction.