Wet Marijuana Still Unlawful Per MI COA

Previously this month, the Court of Appeals, in a split choice, figured out 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 identified that because wet cannabis that was in the drying procedure was not usable cannabis, possession of wet cannabis was not protected by the MMMA.

The MMMA defines many 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, 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 suggested that wet, undried cannabis was not a component of what the protections of the act were implied to shield. As a result, anybody in the marijuana business of caregiving, that is growing under the MMMA for themselves or various other registered qualifying people, is in infraction of the regulation, if they possess wet marijuana, regardless of the objective for which you possess it. Even you remain in the procedure of drying out the cannabis, if you are raided and the marijuana is wet, you could be in trouble.

The ruling is rather bothersome for a variety of factors. Initially, any caregiver that is presently growing under the MMMA, will, eventually, have wet cannabis that is drying yet not usable. As a result, any caregiver needs to comprehend that if you are in possession of wet, non-usable marijuana, and the police show up, you can be apprehended as well as the Court of Appeals has actually figured out that you can be prosecuted and also sentenced for possession with intent to deliver cannabis, which the immunity provisions of Section 4 as well as Section 8 of the MMMA will certainly not protect you. Second, the issue develops questions about the practicality of the caregiving model, and likewise develops a troublesome circumstance for caregivers applying under the Medical Marijuana Facilities Licensing Act (MMFLA) for a growing or processing license.

Recognizing that you are caregiving, which the Courts are indicating that a component of your cultivation procedure creates you to commit, at minimum, a misdemeanor, creates prospective issues for the application review process. Further, if having wet cannabis cause for criminal arrest and prosecution, exactly how does that effect farmers as well as processors that are to be licensed under the MMFLA. Ostensibly, the two statutes are not interlinked and so, there shouldn't be any issues. Nonetheless, 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.

As a result, it wouldn't be a stretch to see the Judiciaries prolong that MMMA interpretation to the MMFLA. Such a ruling in the future might put a major kink in the medical cannabis industry under the MMFLA, likely as a result of a possible chilling impact. The judgment plainly triggers problems for registered caregivers, and also, possibly, for MMFLA growers, needs to the Court increase this reading to cover marijuana growing and processing under the MMFLA. Essentially, because "wet" undried cannabis, according to the Court, does not meet the interpretation of "usable" cannabis, if authorities were to come to the place and also find wet marijuana, you might be looking at potential criminal liability. If you are a caregiver as well as are intending to proceed growing for your patients under the MMMA, and also you have concerns concerning the potential obligation you have under this brand-new judgment, do not think twice to call our office for a consultation.