In this case, Defendant was charged with the manufacture, possession and possession with intent to distribute marihuana as a result of a search of his home and vehicle on December 3, 2007.  Defendant stated to the police who executed the search that the marihuana was for medical use.  While criminal charges were pending, the MMMA became effective on December 4, 2008.

Defendant moved to dismiss the charges based on the MMMA's affirmative defense provision, MCL 333.26428.  The trial court granted Defendant's motion, leading to this appeal.

In general, statutes operate prospectively absent an intention for retroactive effect; however, there is an exception to the general rule for remedial statutes.  "A statute is remedial if it operates in furtherance of an existing remedy, and neither creates nor destroys existing rights."

In reversing the lower court's decision, the Court of Appeals concluded the MMMA is not a remedial statute, and therefore may not be applied retroactively, because it created a new substantive right: an affirmative defense to a criminal defendant facing prosecution for crimes related to the use of marihuana that did not exist prior to the enactment of the MMMA.

The City of Holland has taken the first step to impose a temporary moratorium on the establishment of medical marihuana dispensaries, reports WHTC.com.  Moratoriums are intended to give local officials time to study the issues and create comprehensive zoning amendments in response to the Michigan Medical Marihuana Act.

In contrast, the Grand Haven Planning Commission will meet in August to discuss a zoning amendment to create a permitting process for the dispensing of medical marihuana within the City, reports the Grand Haven Tribune.  The proposed ordinance would regulate Primary Caregivers as home occupations in an ordinance similar to the City of Lansing's proposed ordinance.

Municipalities can avoid planning problems by proactively amending zoning ordinances to segregate incompatible land uses.  Understanding how to regulate large-scale operations, while protecting residential districts, is imperative when establishing a comprehensive medical marihuana zoning ordinance.

The City of Battle Creek is the next city to enact a six-month moratorium to address the issues presented by Michigan's Medical Marihuana Act.  The moratorium does not affect a Qualified Patients or Primary Caregivers rights to engage in the medical use of marihuana from their own homes.  Instead, the moratorium passed by the Battle Creek City Council only prohibits new commercial businesse from selling marihuana in the City.  The moratorium comes more than a week after Joseph Casias sued Wal-Mart for terminating his employment after a positive drug screen. For more information in the Battle Creek moratorium click here.