In 2007 the defendant was convicted in federal court for manufacturing marijuana and sentenced to 37 months in prison and three years of supervised release. After his prison sentence and while on supervised release on Arpil 9, 2010 he was arrested and charged in state court for possession of marijuana. After the arrest he applied for MMMA registration and used this registration as a defense to the violation of supervised release proceedings in federal court. Judge Zatkoff ruled that federal law prohibits possession of marijuana and the MMMA cannot pre-empt federal law. Further, this was a probation violation allegation and not a federal charge. If the federal government wanted to charge someone with a federal crime where the MMMA is a defense it would not matter.
United States v. Hicks Eastern District of Michigan decided July 12, 2010Barton Morris2015-04-09T13:12:33-05:00