Opinion
Docket No. 143572. COA No. 301771.
2012-09-4
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Gary Jerome WATKINS, Defendant–Appellant.
Prior report: Mich.App., 2011 WL 2463558.
Order
On order of the Court, the application for leave to appeal the June 21, 2011 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, and consistent with our recent decision in People v. Kolanek and People v. King, 491 Mich. 382, 817 N.W.2d 528 (2012), we REVERSE that part of the judgment of the Court of Appeals holding that a defendant who seeks to assert the affirmative defense under § 8 of the Michigan Medical Marihuana Act (MMMA), MCL 333.26428, must comply with the requirements of § 4 of the act, MCL 333.26424. We REMAND this case to the Oakland Circuit Court for an evidentiary hearing at which the defendant may raise the affirmative defense under § 8 of the MMMA.
We do not retain jurisdiction.