MCL 333.7403(3)(a); “Incapacitated”

In an order in lieu of granting leave to appeal, the court vacated the Court of Appeals’ judgment (see e-Journal # 75396 in the 5/10/21 edition) and remanded the case to the Court of Appeals for reconsideration. Finding that the Court of Appeals opinion failed to address the arguments the prosecution raised on appeal, the court directed the Court of Appeals on remand to “address and resolve, in addition to any other issues necessary to the resolution of this case: (1) whether the trial court improperly applied a good faith standard when determining that the defendant was entitled to immunity under MCL 333.7403(3)(a); and (2) if so, whether a remand to the trial court is necessary to apply the correct standard and to determine whether the defendant was ‘incapacitated’ under MCL 333.7403(3)(a) in the first instance.”