MRTMA defense denied dismissal by MI Court of Appeals

The Michigan Regulation and Taxation of Marihuana Act. Does it protect you in all Marijuana situations?

PEOPLE OF THE STATE OF MICHIGAN v JULIA KATHLEEN SOTO

October 07, 2024

Berrien Circuit Court No. 2022-015939-FH

The Issue

The issue in this interlocutory appeal is whether the Michigan Regulation and Taxation of Marihuana Act (MRTMA), MCL 333.27951 et seq., prevents a person accused of possession with intent to deliver between 5 and 45 kilograms of marijuana from being prosecuted under MCL 333.7401(2)(d)(ii).

The Situation

At a preliminary examination, Michigan State Police Trooper Joshua Ashlock testified about the circumstances of this case.

On October, 26, 2022, Trooper Ashlock received information that Illinois State Police intercepted approximately 85 pounds of marijuana in a rental vehicle headed for southwest Michigan.

The driver of the vehicle agreed to cooperate with Illinois State Police and deliver the marijuana as originally planned to Chad Boylen. Per Boylen’s instruction,the driver brought the marijuana to defendant’s residence in Niles, Michigan. Boylen was arrested outside the residence. Defendant eventually exited the residence after police officers surrounded the house and called for her to exit.

A “protective sweep of the residence” revealed large quantities of marijuana inside.

“After” obtaining a search warrant, officers seized approximately 20 pounds of marijuana from the residence, the majority of which was found in what was believed to be
defendant’s bedroom.

Court of Appeals Opinion

Because we conclude the MRTMA provides no such proscription,we affirm the trial court’s denial of the motion to dismiss, and the case is remanded to the circuit court for trial on felony charges.

If you want to know more read the opinion here, otherwise just call Komorn Law if you get in the same sticky situation.

STATE OF MICHIGAN v JULIA KATHLEEN SOTO – MRTMA – COA 20241007_c370138_23_370138.opn

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As always… Follow the money. If you can.

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