Michigan court throws out marijuana case

June 27, 2012 at 3:08 PM

DETROIT, June 27 (UPI) -- Medical marijuana patients without a registration card on their person can be arrested but cannot be prosecuted, a Michigan appeals court said.

The court ruled Wednesday that because James Nicholson produced his card when he appeared in court and could show he was a registered patient at the time of his arrest in 2011 he is immune from prosecution, the Detroit Free Press said.

But the judges also said medical marijuana users who do not have cards with them or reasonably accessible can be arrested, The Detroit News reported. Nicholson told police his card was in his car, parked at his home.

Nicholson had a "small baggie of marijuana" when he was arrested, police said. His registration card gave him the authority to possess up to 2.5 ounces at a time.

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