|The Oakland Press|
|Alexander Kolanek’s lost his medical marijuana case before the Michigan Supreme Court. The Oakland County man was arrested with marijuana before he formally met with his doctor.|
The Michigan Supreme Court on Thursday ruled against an Oakland County man who didn’t get a doctor’s authorization to use marijuana until after he was arrested for possession.
In a 7-0 decision, justices said Alexander Kolanek can face cannabis charges because he did not satisfy the requirements of the 2008 law, reports David Eggert at mlive.com.
The Michigan Medical Marihuana Act, overwhelmingly approved by 63 percent of the state’s voters, allows patients with ID cards immunity from prosecution if they have no more than 2.5 ounces of marijuana and 12 plants kept in a locked, enclosed space.
Patients are protected, whether or not they have a card, if a physician has said marijuana will help treat their serious or debilitating medical condition.
But Justice Mary Beth Kelly said because the medical marijuana law does not apply retroactively, Kolanek needed a doctor’s statement before his 2009 arrest. Kolanek said he smoked cannabis to deal with problems from Lyme disease.
He came to the attention of police on April 6, 2009, when he and another bank customer got into an argument in a bank’s parking lot. A sheriff’s deputy who responded to a 911 call searched Kolanek’s car and found a pill bottle containing eight joints.
Kolanek submitted an application for a medical marijuana registry ID card on April 12, 2009, along with a qualifying patient certificate from his doctor. His card was issued May 1, 2009.