On February 10, 2011, the Michigan Court of Appeals released its unpublished opinion in People v Walburg (PDF). Here, the defendant, who was charged with the delivery and manufacture of marihuana, did not possess a medical marihuana registry identification card or a statement from a doctor regarding his medical need for marihuana at the time of arrest.  Despite those facts, the circuit court granted the defendant's motion to dismiss the charges pursuant to the Michigan Medical Marihuana Act's affirmative defense provision. The appellate court reversed the court below. 

While many issues surrounding the MMMA remain unresolved, the courts have recently provided guidance on the legal status of patients lacking a registry identification card or a doctor's recommendation. For example, in People v Redden, issued September 14, 2010, the Court held that possession of a registry identification card is not required to assert the affirmative defense.  Further, in People v Kolanek, issued January 11, 2011, the Court held that in order to assert the affirmative defense, an individual must receive a physician recommendation to use marihuana prior to his arrest and subsequent to the MMMA's effective date.

With Redden and Kolanek as guidance, the Court of Appeals reinstated the charges because the defendant failed to obtain a physician recommendation prior to his arrest.