The Michigan Court of Appeals has overturned a medical marihuana case from Kalkaska County. The three judge panel says Archie Kiel is entitled to a new trial because the lower court didn’t allow Kiel to defend himself under Michigan’s Medical Marihuana Act.
Kalkaska County Court convicted Kiel, a registered caregiver and patient, for illegally growing marihuana. He had documentation to show he could legally grow up to 36 plants for medical use, but police say Kiel had 30 more plants than allowed. They also say the plants weren’t under lock and key. The law specifies they should be.
The Appeals Court recognized there are facts are in dispute. It also said the lower court gave improper instructions to the jury that did not recognize Kiel as a valid medical marihuana user.