During his arrest, Nicholson informed an officer of his right to posses marijuana for medicinal purposes after he "removed a small baggy of marijuana from his groin region," according to court records.
In circuit court, Nicholson produced a state-issued medical marijuana registry card dated March 18, 2011, before his arrest as evidence he could possess up to 2.5 ounces of cannabis, which the appellate court found to be "sufficient" for a defense.
The appellate court remanded the case back to Ottawa County Circuit Court as it remains unclear whether the defendant was engaged in marijuana use permitted under the 2008 law.
"Defendant still has one more hurdle to overcome to be entitled to immunity from prosecution; he must also establish that at the time of his arrest he was engaged in the medical use of marijuana in accordance with the (Michigan Medical Marihuana Act)," the appeals judges wrote in the decision.
