Wet Cannabis Still Unlawful Per MI COA

Earlier this month, the Court of Appeals, in a split decision, figured out that the Michigan Medical marijuana Act does NOT protect caregivers or patients who are in possession of wet marijuana that remains in the drying process, from prosecution. The Judiciaries judgment in the case of People v. Vanessa Mansour determined that because 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 most 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, but does not consist of 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 suggested that wet, undried marijuana was not a part of what the protections of the act were suggested to shield. Therefore, anybody in the marijuana business of caregiving, who is growing under the MMMA for themselves or various other registered qualifying people, remains in infraction of the law, if they possess wet cannabis, no matter the objective for which you possess it. Also you remain in the process of drying out the marijuana, if you are raided and the marijuana is wet, you can be in trouble.

The ruling is quite bothersome for a variety of reasons. Initially, any caregiver that is currently growing under the MMMA, will, at some point, have wet cannabis that is drying however not usable. Therefore, any caregiver should recognize that if you are in possession of wet, non-usable cannabis, and the cops show up, you can be detained as well as the Court of Appeals has actually identified that you can be prosecuted and also punished 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 questions concerning the stability of the caregiving model, and likewise produces a problematic circumstance 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 showing that a part of your cultivation process creates you to commit, at minimum, a misdemeanor, develops potential problems for the application review procedure. Better, if having wet cannabis cause for criminal arrest as well as prosecution, exactly how does that influence farmers as well as processors that are to be licensed under the MMFLA. Ostensibly, the two laws are not interlinked and so, there shouldn't be any type of issues. However, the MMFLA makes use of the same "usable" marijuana definition as the MMMA. Specifically, subsection (ff) of M.C.L. § 333.27102 defines 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.

Therefore, it wouldn't be a stretch to see the Judiciaries extend that MMMA definition to the MMFLA. Such a ruling down the road can put a major crimp in the medical cannabis industry under the MMFLA, likely as an outcome of a feasible chilling impact. The judgment plainly triggers concerns for registered caregivers, and, potentially, for MMFLA farmers, should the Court increase this reading to cover marijuana growing and processing under the MMFLA. Basically, due to the fact that "wet" undried cannabis, according to the Court, does not fulfill the meaning of "usable" marijuana, if authorities were to come to the area as well as locate wet cannabis, you may be looking at possible criminal liability. If you are a caregiver and are planning to proceed growing for your patients under the MMMA, and you have questions concerning the potential responsibility you have under this brand-new ruling, don't think twice to call our office for a consultation.