Wet Cannabis Still Unlawful Per MI COA

Earlier this month, the Court of Appeals, in a split choice, figured out that the Michigan Medical Marijuana Act does NOT protect caregivers or patients who are in possession of wet marijuana that is in the drying out procedure, from prosecution. The Courts ruling in the case of People v. Vanessa Mansour determined that since wet cannabis that remained in the drying out procedure was not usable cannabis, possession of wet cannabis 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, 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 suggested that wet, undried cannabis was not a part of what the protections of the act were implied to shield. As a result, anybody in the cannabis business of caregiving, that is growing under the MMMA for themselves or various other registered qualifying people, remains in infraction of the legislation, if they have wet marijuana, regardless of the purpose for which you have it. Also you remain in the procedure of drying out the marijuana, if you are raided and the cannabis is wet, you could be in trouble.

The ruling is fairly troublesome for a variety of factors. Initially, any caregiver that is currently growing under the mmma, will, eventually, have wet marijuana that is drying however not usable. Consequently, any caregiver needs to comprehend that if you remain in possession of wet, non-usable marijuana, and the police arrive, you can be apprehended as well as the Court of Appeals has determined that you can be prosecuted and sentenced for possession with intent to deliver cannabis, which the immunity provisions of Section 4 and Section 8 of the MMMA will certainly not protect you. Second, the issue creates inquiries regarding the practicality of the caregiving model, as well as likewise develops a problematic 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 causes you to commit, at minimum, a misdemeanor, produces possible problems for the application review procedure. Better, if having wet cannabis cause for criminal apprehension and prosecution, exactly how does that effect growers and processors who are to be licensed under the MMFLA. Ostensibly, both laws are not interlinked therefore, there should not be any type of concerns. However, the MMFLA makes use of 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 would not be a stretch to see the Judiciaries extend that MMMA meaning to the MMFLA. Such a ruling down the road can put a significant kink in the medical cannabis industry under the MMFLA, most likely as an outcome of a possible chilling result. The judgment clearly creates problems for registered caregivers, as well as, possibly, for MMFLA cultivators, needs to the Court broaden this analysis to cover cannabis growing and also processing under the MMFLA. Basically, because "wet" undried cannabis, according to the Court, does not fulfill the meaning of "usable" marijuana, if authorities were to come to the location and also find wet marijuana, 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 liability you have under this brand-new ruling, do not hesitate to contact our office for a consultation.