Wet Marijuana Still Unlawful Per MI COA

Previously this month, the Court of Appeals, in a split decision, identified that the Michigan Medical Marijuana Act does NOT protect caregivers or patients who are in possession of wet cannabis that is in the drying procedure, from prosecution. The Courts judgment in the case of People v. Vanessa Mansour established that because wet cannabis that was in the drying procedure was not usable marijuana, possession of wet marijuana was not protected by the MMMA.

The MMMA defines most of the terms of the act. The term usable marijuana is specifically defined in the MMMA. The act defines usable marijuana to suggest the following: "Usable marihuana" means the dried leaves, flowers, plant resin, or extract of the marihuana plant, yet does not consist of the seeds, stalks, as well as roots of the plant. The Court found that because the act chose to use the word "dried" before the remaining components, that indicated that wet, undried marijuana was not a component of what the protections of the act were implied to shield. Therefore, anybody in the cannabis business of caregiving, that is growing under the MMMA for themselves or other registered qualifying people, is in violation of the regulation, if they possess wet cannabis, regardless of the function for which you have it. Also you remain in the procedure of drying out the marijuana, if you are raided and the cannabis is wet, you can be in trouble.

The ruling is quite bothersome for a number of factors. Initially, any caregiver that is presently growing under the MMMA, will, eventually, have wet cannabis that is drying out however not usable. Therefore, any caregiver has to understand that if you are in possession of wet, non-usable marijuana, and the cops show up, you can be arrested and also the Court of Appeals has determined that you can be prosecuted and also punished for possession with intent to deliver marijuana, and that the immunity provisions of Section 4 and Section 8 of the MMMA will certainly not protect you. Second, the issue produces inquiries concerning the stability of the caregiving model, as well as also develops a bothersome situation for caregivers applying under the Medical Marijuana Facilities Licensing Act (MMFLA) for a growing or processing license.

Understanding that you are caregiving, and that the Courts are showing that a part of your farming procedure creates you to commit, at minimum, a misdemeanor, develops potential issues for the application review process. Better, if having wet cannabis cause for criminal apprehension and also prosecution, how does that influence cultivators as well as processors that are to be licensed under the MMFLA. Seemingly, both statutes are not interlinked therefore, there shouldn't be any concerns. Nevertheless, the MMFLA utilizes the same "usable" marijuana definition as the MMMA. Particularly, subsection (ff) of M.C.L. § 333.27102 defines usable marijuana as follows: (ff) "Usable marihuana" means the dried leaves, flowers, plant resin, or extract of the marihuana plant, but does not include the seeds, stalks, and roots of the plant.

Consequently, it would not be a stretch to see the Courts extend that MMMA definition to the MMFLA. Such a ruling down the road can put a major crimp in the medical cannabis industry under the MMFLA, likely as a result of a feasible chilling impact. The ruling plainly causes issues for registered caregivers, and also, possibly, for MMFLA growers, should the Court increase this reading to cover marijuana growing as well as processing under the MMFLA. Essentially, because "wet" undried marijuana, according to the Court, does not meet the interpretation of "usable" cannabis, if authorities were to come to the place as well as discover wet cannabis, you may be looking at potential criminal liability. If you are a caregiver as well as are planning to proceed growing for your patients under the MMMA, and also you have questions regarding the potential obligation you have under this brand-new judgment, do not hesitate to call our office for a consultation.

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