The much-anticipated decision in People of the State of Michigan v Koon has been released. It is terrible. Once again, Judge O’Connell manages to find himself on a medical marijuana panel. Some activists are seriously wondering whether the assignment of judges in the Court of Appeals to these cases is random. Statistically, they are musing aloud and amongst themselves, is it possible for O’Connell to be randomly assigned to all of these cases. Quite candidly, it is a fine question. I would be interested in the answer as well.
I have read the Koon opinion several now times. Even after several readings, it does not make sense. The Court of Appeals had a golden opportunity to issue an opinion that protected both the general public (don’t drive if you are under the influence of marijuana) and patients (you can use medicinal marijuana and still drive). Like the mighty Casey at bat in the storied fable, the Court of Appeals, struck out. Sadly, the Court of Appeals is striking out alot these days.