On March 7, 2011, the 19th Judicial District Court held that the entire Michigan Medical Marihuana Act (MMMA) is void under preemption principles.  The defendant was stopped by police on January 19, 2010 and charged under a Dearborn municipal ordinance for illegal possession of marihuana.  Defendant did not obtain a doctor's recommendation that he would benefit from the medical use of marihuana until 4 months after his arrest.  Instead of resolving the issue by resort to the Court of Appeals' January decision in People v Kolanek (i.e., 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) the District Court concluded that the entire MMMA was preempted by federal legislation.

     In the court's view, because Congress banned the manufacture, distribution, and possession of all schedule I narcotics there is no room for States to regulate those substances.  Secondly, the court stated that "it is simply beyond credulity to believe the MMMA has any practical effect other than to officially sanction, encourage and facilitate the manufacture, distribution and possession of a Schedule I narcotic in direct violation of federal law.  Therefore, not only has Congress expressed its intent to preempt the field, but the MMMA is in direct conflict with Congressional efforts to ban those substances from interstate commerce.  As a consequence, it is impossible to comply with both the MMMA and Federal law.