Wet Marijuana Still Unlawful Per MI COA

Previously this month, the Court of Appeals, in a split choice, established that the Michigan Medical Marijuana Act does NOT protect caregivers or patients that remain in possession of wet cannabis that remains in the drying process, from prosecution. The Judiciaries ruling in the case of People v. Vanessa Mansour figured out that because wet cannabis that was in the drying out procedure was not usable cannabis, possession of wet cannabis was not protected by the MMMA.

The MMMA defines a lot 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, but does not consist of the seeds, stalks, and also roots of the plant. The Court found that due to the fact that the act chose to use the word "dried" before the remaining components, that indicated that wet, undried marijuana was not a part of what the protections of the act were indicated to shield. Consequently, any person in the marijuana business of caregiving, that is growing under the MMMA for themselves or other registered qualifying individuals, remains in offense of the legislation, if they possess wet marijuana, despite the objective for which you possess it. Also you are in the process of drying out the cannabis, if you are raided and the cannabis is wet, you can be in trouble.

The ruling is rather bothersome for a number of reasons. First, any caregiver that is currently growing under the MMMA, will, at some time, have wet marijuana that is drying out however not usable. Because of this, any caregiver must recognize that if you remain in possession of wet, non-usable marijuana, and the cops show up, you can be jailed as well as the Court of Appeals has actually established that you can be prosecuted and also punished for possession with intent to deliver cannabis, which the immunity provisions of Section 4 and Section 8 of the MMMA will not protect you. Second, the issue produces concerns concerning the feasibility of the caregiving model, as well as likewise produces a bothersome scenario for caregivers applying under the Medical Marijuana Facilities Licensing Act (MMFLA) for a growing or processing license.

Recognizing that you are caregiving, and that the Courts are indicating that a component of your growing procedure causes you to commit, at minimum, a misdemeanor, creates prospective issues for the application review procedure. Better, if having wet marijuana cause for criminal apprehension and also prosecution, how does that effect cultivators and processors that are to be licensed under the MMFLA. Ostensibly, the two laws are not interlinked therefore, there should not be any issues. Nonetheless, the MMFLA uses the same "usable" marijuana definition as the MMMA. Particularly, subsection (ff) of M.C.L. § 333.27102 specifies usable cannabis 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 prolong that MMMA definition to the mmfla. Such a ruling down the road could place a significant kink in the medical marijuana industry under the MMFLA, likely as a result of a possible chilling result. The ruling plainly creates problems for registered caregivers, as well as, potentially, for MMFLA farmers, ought to the Court expand this reading to cover cannabis growing and processing under the MMFLA. Basically, since "wet" undried marijuana, according to the Court, does not meet the interpretation of "usable" marijuana, if authorities were to come to the place as well as find wet cannabis, you may be looking at potential criminal liability. If you are a caregiver as well as are intending to continue growing for your patients under the MMMA, as well as you have questions about the possible responsibility you have under this new ruling, do not be reluctant to contact our office for a consultation.