STATE OF MICHIGAN

IN THE DISTRICT COURT FOR THE COUNTY OF BENZIE

THE PEOPLE OF THE STATE OF MICHIGAN
Plaintiff
vs.
OLAF SAGNER JOHNSON
Defendant
File No. 14-235-SM

MOTION TO DISMISS
DAVIT) G. HUFT, attorney for defendant, OLAF SAGNER JOHNSON, moves
this court to dismiss this case for the following reasons:
1. Defendant Olaf Sagner Johnson was charged with the misdemeanor offense
of improper transportation of marihuana in a motor vehicle contrary to MCL
750A74.
2. Olaf Sagner Johnson is in possession of a valid Michigan Medical Marihuana
Program Registry Identification Card as required by the Michigan Medical
Marihuana Act (MMMA).
3. At the time of the offense, Olaf Sagner was not in possession of an amount of
marihuana that exceeded the amount he was allowed to possess under the
Michigan Medical Marihuana Act.
ILED
85
TH
D I S
F
TRI CT COURT
46 2 6 2014
B E N Z I E
COUNTY
BEULAH
MI CH I G A M
4. MCL 333.26423(f) provides that the transportation of marihuana is a
protected activity under medical use of the MMMA_
5. MCL 333.26424(a) provides that a "qualifying patient who has been issued
and possesses a registry identification card shall not be subject to arrest,
prosecution or penalty in any manner... for the medical use of marihuana in
accordance with this act, provided that the qualifying patient possesses an
amount of marihuana that does not exceed 2.5 ounces of usable marihuana."
6. MCL 33126428 provides that "a patient...may assert the medical purpose for
using marihuana as a defense to any prosecution involving marihuana..."
7. MCL 750.474 is a prosecution involving marihuana_
8. The exceptions to the protections of the MMMA are specifically stated in
MCL 333.26427(b).
9. MCL 333_26427(e) commands that "all other acts and parts of acts
inconsistent with this act do not apply to the medical use of marihuana as
provided for by this act."
10. MCL 750.474 is inconsistent with the MMMA.
11. The Michigan Supreme court, in People v Koon, 494 Mich 1; 832 NW2d
724 (2013) ruled that the MMMA supersedes other acts inconsistent with the
MMMA so long as the patient is in compliance with the MMMA_
12. MCL 750.474 is superseded by the Michigan Medical Marihuana Act.
13. Defendant Olaf Sagner Johnson is immune from prosecution as he fully
complied with all requirements of MCI, 333.2642(a), (d) and (h).
FILED
85111 DISTRICT COURT
AUG 2 6 2014
2

B ENZ IE
COUNTY
B EU LA H , MIC H IG A N
David 0. Iluft
Attorney for Defendant
14. Defendant Olaf Sagner Johnson is entitled to dismissal of the charge under the
affirmative defense provisions of MCI, 333.26428.
15. MCL 750A74 is unconstitutional as passed by the legislature because it is
contrary to Article IV, Section 25 of the Michigan Constitution which
provides that "no law shall be revised, altered or amended by reference to its
title only."
WHEREFORE, defendant Olaf Sagner Johnson requests that this court
dismiss the charge filed in this case.
Dated: August 25, 2014.
Fi LED
85m
DISTRICT COUI-j
AUG 2 6 N14
BE1IZIE COUNTY.
BEULAH, WCHIGAN