Wet Marijuana Still Unlawful 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 marijuana that is in the drying procedure, from prosecution. The Courts ruling in the case of People v. Vanessa Mansour established that since wet marijuana that was in the drying process was not usable marijuana, possession of wet marijuana was not protected by the MMMA.

The MMMA defines a number of the terms of the act. The term usable marijuana is specifically defined in the MMMA. The act defines usable marijuana to suggest the following: "Usable marihuana" means the dried leaves, flowers, plant resin, or extract of the marihuana plant, however does not consist of the seeds, stalks, and roots of the plant. The Court found that because the act chose to use the word "dried" before the remaining components, that implied that wet, undried marijuana was not a part of what the protections of the act were meant to shield. As a result, anybody in the marijuana business of caregiving, who is growing under the MMMA for themselves or various other registered qualifying individuals, is in violation of the law, if they possess wet marijuana, despite the purpose for which you possess it. Also you are in the procedure of drying the marijuana, if you are raided and the cannabis is wet, you can be in trouble.

The ruling is rather troublesome for a variety of factors. Initially, any caregiver that is currently growing under the MMMA, will, at some time, have wet marijuana that is drying but not usable. As a result, any caregiver needs to understand that if you remain in possession of wet, non-usable cannabis, and the authorities show up, you can be apprehended and also the Court of Appeals has determined that you can be prosecuted as well as 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 matter produces concerns concerning the stability of the caregiving model, and also produces a bothersome situation for caregivers applying under the Medical Marijuana Facilities Licensing Act (MMFLA) for a growing or processing license.

Knowing that you are caregiving, and that the Courts are suggesting that a part of your growing procedure creates you to commit, at minimum, a misdemeanor, creates prospective issues for the application review process. Better, if having wet marijuana cause for criminal arrest and also prosecution, how does that influence growers and processors that are to be licensed under the MMFLA. Seemingly, both statutes are not interlinked and so, there shouldn't be any kind of concerns. However, the MMFLA utilizes the same "usable" marijuana definition as the MMMA. Especially, 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.

Consequently, it wouldn't be a stretch to see the Judiciaries extend that MMMA definition to the MMFLA. Such a ruling in the future can place a major crimp in the medical marijuana industry under the MMFLA, likely as an outcome of a possible chilling effect. The ruling clearly causes concerns for registered caregivers, as well as, possibly, for MMFLA cultivators, needs to the Court expand this analysis to cover marijuana growing and also processing under the MMFLA. Basically, because "wet" undried marijuana, according to the Court, does not meet the definition of "usable" cannabis, if authorities were to come to the area and find wet marijuana, you may be looking at possible criminal liability. If you are a caregiver as well as are intending to proceed growing for your patients under the MMMA, and you have concerns concerning the potential obligation you have under this new ruling, do not be reluctant to contact our office for a consultation.