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STATE OF MICHIGAN COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, V JAMES RG NICHOLSON, Defendant-Appellant.

FOR PUBLICATION June 26, 2012 9:15 a.m. No. 306496 Ottawa Circuit Court LC No. 11-035911-AR

Before: WHITBECK, P.J., and SAWYER and HOEKSTRA, JJ. HOEKSTRA, J. Defendant appeals by leave granted the circuit court order denying his application for leave to appeal the district court's denial of defendant's motion to dismiss his possession of marijuana charge on the basis of immunity provided by the Michigan Medical Marihuana Act (MMMA), MCL 333.26421 et seq.1 For the reasons stated in this opinion, we reverse and remand for proceedings consistent with this opinion. Defendant was arrested on May 1, 2011, for possession of marijuana in violation of MCL 333.7403(2)(d). At the time of his arrest, defendant was a passenger in a parked vehicle near the Grandville Water Treatment Plant when the vehicle was approached by a police officer. Defendant had approximately one ounce of marijuana in his possession, and verbally informed the police officer that he was a medical marijuana patient. Defendant indicated that he had been approved for medical marijuana, but that he had not yet received his registry identification card. Defendant claimed to have paperwork showing his approval for use of marijuana for medical purposes, but the paperwork was in his own car which was parked at his residence. The police officer arrested defendant and he was subsequently charged with possession of marijuana in violation of MCL 333.7403(2)(d).2

Although the statutory provisions at issue refer to "marihuana," by convention this Court uses the more common spelling "marijuana" in its opinions.
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MCL 333.7403(2)(d) provides that a person shall not knowingly or intentionally possess a controlled substance, and that a person who possesses marijuana is guilty of a misdemeanor punishable by imprisonment for not more than one year or a fine of not more than $2,000.

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In the district court, defendant moved for dismissal of the charge pursuant to

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