Wet Cannabis 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 remain in possession of wet marijuana that remains in the drying out process, from prosecution. The Judiciaries judgment in the case of People v. Vanessa Mansour figured out that since wet marijuana that was in the drying out procedure was not usable cannabis, possession of wet cannabis was not protected by the MMMA.

The MMMA specifies many of the terms of the act. The term usable marijuana is specifically defined in the MMMA. The act defines usable marijuana to mean the following: "Usable marihuana" means the dried leaves, flowers, plant resin, or extract of the marihuana plant, however does not include the seeds, stalks, as well as roots of the plant. The Court found that since the act chose to use the word "dried" before the remaining components, that indicated that wet, undried cannabis was not a part of what the protections of the act were indicated to shield. Consequently, anyone in the marijuana business of caregiving, that is growing under the MMMA for themselves or other registered qualifying patients, remains in infraction of the legislation, if they have wet cannabis, no matter the purpose for which you have it. Also 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 problematic for a number of factors. Initially, any caregiver that is presently growing under the MMMA, will, at some point, have wet marijuana that is drying but not usable. Consequently, any caregiver needs to recognize that if you remain in possession of wet, non-usable cannabis, and the cops arrive, you can be jailed and also the Court of Appeals has determined that you can be prosecuted as well as sentenced for possession with intent to deliver cannabis, and that the immunity provisions of Section 4 as well as Section 8 of the MMMA will certainly not protect you. Second, the issue produces questions regarding the practicality of the caregiving model, as well as also produces a troublesome scenario 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 showing that a part of your farming process creates you to commit, at minimum, a misdemeanor, creates potential problems for the application review procedure. Better, if having wet cannabis cause for criminal apprehension and also prosecution, just how does that effect growers as well as processors who are to be licensed under the MMFLA. Seemingly, the two laws are not interlinked therefore, there shouldn't be any kind of issues. However, the MMFLA makes use of the very 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.

As a result, it wouldn't be a stretch to see the Judiciaries extend that MMMA interpretation to the MMFLA. Such a ruling in the future might put a major crimp in the medical marijuana industry under the MMFLA, likely as a result of a feasible chilling result. The judgment clearly triggers concerns for registered caregivers, and also, possibly, for MMFLA cultivators, must the Court expand this analysis to cover cannabis growing as well as processing under the MMFLA. Essentially, due to the fact that "wet" undried marijuana, according to the Court, does not fulfill the definition of "usable" marijuana, if authorities were to come to the location and locate wet cannabis, you could be looking at possible criminal liability. If you are a caregiver and also are intending to continue growing for your patients under the MMMA, as well as you have concerns concerning the potential obligation you have under this brand-new judgment, don't hesitate to call our office for a consultation.