Michigan Court of Appeals decided January 30, 2014

After selling marijuana to an undercover Oakland county sheriff’s deputy his house was raided and they found 33 plants and about 2 ounces of marijuana. Because he had a registration card as a caregiver and patient the court found that he qualified for sec 4 immunity presumption. The court also agreed with the trial court (Oakland County Circuit Judge Michael Warren) that the prosecution rebutted the presumption because he sold marijuana to a person that he was not connected through the Act. That act rebuts the presumption with respect to all of his conduct involving marijuana – even conduct between his qualifying patients. The case stands for the proposition that one act outside the scope of the MMMA makes him a drug dealer subject to penalty of the Michigan Public Health Code