Mich., July 24, 2012 – overruled by Kolenak – you are allowed to try a section 8 issue to the jury if a question of fact has been established during the evidentiary hearing.

The trial court stated that it needed expert testimony about whether the defendant possessed an amount that was not more than reasonable necessary pursuant to sec 8(a)(2). A doctor who has experience working with MMMA patients is required

While sec 4 does not apply to section 8 defense with regard to a patient, it does apply to a “primary caregiver” which limits the amount to 2.5 and 12 for each patient