Wet Marijuana Still Illegal Per MI COA

Earlier this month, the Court of Appeals, in a split decision, established that the Michigan Medical marijuana Act does NOT protect caregivers or patients who are in possession of wet cannabis that remains in the drying procedure, from prosecution. The Judiciaries judgment in the case of People v. Vanessa Mansour figured out that due to the fact that wet marijuana that was in the drying out procedure was not usable marijuana, possession of wet cannabis was not protected by the MMMA.

The MMMA specifies much of the terms of the act. The term usable marijuana is specifically defined in the MMMA. The act defines usable marijuana to imply the following: "Usable marihuana" means the dried leaves, flowers, plant resin, or extract of the marihuana plant, yet does not include 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 implied that wet, undried marijuana was not a part of what the protections of the act were meant to shield. Consequently, anyone in the cannabis business of caregiving, that is growing under the MMMA for themselves or various other registered qualifying patients, remains in offense of the law, if they possess wet cannabis, regardless of the function for which you have it. Also you remain in the process of drying out the marijuana, if you are raided and the marijuana is wet, you might be in trouble.

The ruling is quite troublesome for a variety of reasons. Initially, any caregiver that is presently growing under the MMMA, will, eventually, have wet marijuana that is drying out but not usable. As a result, any caregiver should comprehend that if you are in possession of wet, non-usable marijuana, and the cops show up, you can be apprehended and the Court of Appeals has actually established that you can be prosecuted and also punished for possession with intent to deliver marijuana, which the immunity provisions of Section 4 as well as Section 8 of the MMMA will not protect you. Second, the issue creates concerns concerning the stability of the caregiving model, and also produces a troublesome scenario 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 growing procedure triggers you to commit, at minimum, a misdemeanor, creates possible issues for the application review procedure. Additionally, if having wet cannabis cause for criminal apprehension as well as prosecution, exactly how does that influence cultivators and also processors that are to be licensed under the MMFLA. Ostensibly, both laws are not interlinked therefore, there shouldn't be any type of concerns. Nevertheless, the MMFLA makes use of the very same "usable" marijuana definition as the MMMA. Specifically, 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.

For that reason, it would not be a stretch to see the Courts prolong that MMMA definition to the MMFLA. Such a ruling down the road can place a major kink in the medical cannabis industry under the MMFLA, most likely as a result of a feasible chilling result. The judgment clearly triggers problems for registered caregivers, and, potentially, for MMFLA farmers, must the Court broaden this reading to cover marijuana growing and processing under the MMFLA. Essentially, since "wet" undried cannabis, according to the Court, does not fulfill the interpretation of "usable" marijuana, if authorities were to come to the place and find wet marijuana, you might be looking at prospective criminal liability. If you are a caregiver and also are planning to proceed growing for your patients under the MMMA, and also you have concerns about the possible liability you have under this new judgment, don't wait to call our office for a consultation.