Wet Marijuana Still Prohibited Per MI COA

Previously this month, the Court of Appeals, in a split choice, identified that the Michigan Medical Marijuana Act does NOT protect caregivers or patients who remain 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 since wet marijuana that remained in the drying procedure was not usable cannabis, possession of wet marijuana was not protected by the MMMA.

The MMMA defines much of the terms of the act. The term usable marijuana is specifically defined in the MMMA. The act defines usable marijuana to indicate the following: "Usable marihuana" means the dried leaves, flowers, plant resin, or extract of the marihuana plant, but 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 meant that wet, undried marijuana was not a part of what the protections of the act were suggested to shield. Consequently, anybody in the cannabis business of caregiving, that is growing under the MMMA for themselves or other registered qualifying clients, is in offense of the legislation, if they have wet cannabis, no matter the objective for which you possess it. Even you are in the procedure of drying out the marijuana, if you are raided and the marijuana is wet, you can be in trouble.

The ruling is rather troublesome for a variety of factors. First, any caregiver that is currently growing under the MMMA, will, eventually, have wet marijuana that is drying yet not usable. Therefore, any caregiver has to understand that if you remain in possession of wet, non-usable cannabis, and the cops show up, you can be apprehended as well as the Court of Appeals has actually determined that you can be prosecuted as well as sentenced for possession with intent to deliver marijuana, which the immunity provisions of Section 4 and also Section 8 of the MMMA will certainly not protect you. Second, the matter creates inquiries concerning the viability of the caregiving model, as well as also creates a bothersome circumstance for caregivers applying under the Medical Marijuana Facilities Licensing Act (MMFLA) for a growing or processing license.

Knowing that you are caregiving, which the Courts are suggesting that a part of your growing procedure creates you to commit, at minimum, a misdemeanor, creates possible issues for the application review procedure. Even more, if having wet marijuana cause for criminal arrest as well as prosecution, how does that effect cultivators and processors that are to be licensed under the MMFLA. Ostensibly, the two statutes are not interlinked therefore, there shouldn't be any problems. However, the MMFLA uses the same "usable" marijuana definition as the MMMA. Specifically, 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 wouldn't be a stretch to see the Courts extend that MMMA interpretation to the MMFLA. Such a ruling in the future can place a significant kink in the medical cannabis industry under the MMFLA, most likely as an outcome of a possible chilling impact. The ruling clearly creates problems for registered caregivers, and also, possibly, for MMFLA growers, should the Court broaden this reading to cover marijuana growing as well as processing under the MMFLA. Essentially, since "wet" undried marijuana, according to the Court, does not satisfy the interpretation of "usable" cannabis, if authorities were to come to the place and also locate wet marijuana, you might be looking at possible 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 concerns regarding the potential obligation you have under this brand-new ruling, don't think twice to contact our office for a consultation.

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