Wet Cannabis Still Prohibited Per MI COA

Previously this month, the Court of Appeals, in a split choice, determined that the Michigan Medical Marijuana Act does NOT protect caregivers or patients who remain in possession of wet cannabis that is in the drying out process, from prosecution. The Judiciaries judgment in the case of People v. Vanessa Mansour identified that since wet cannabis that was in the drying procedure was not usable marijuana, possession of wet marijuana 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 indicate the following: "Usable marihuana" means the dried leaves, flowers, plant resin, or extract of the marihuana plant, however does not include the seeds, stalks, and also roots of the plant. The Court found that because the act chose to use the word "dried" before the remaining components, that meant that wet, undried cannabis was not a part of what the protections of the act were indicated to shield. Therefore, any person in the marijuana business of caregiving, that is growing under the mmma for themselves or other registered qualifying individuals, is in offense of the legislation, if they possess wet marijuana, despite the purpose for which you have it. Also you are in the process of drying the cannabis, if you are raided and the cannabis is wet, you could be in trouble.

The ruling is rather bothersome for a number of factors. Initially, any caregiver that is currently growing under the MMMA, will, at some time, have wet cannabis that is drying but not usable. As a result, any caregiver needs to recognize that if you remain in possession of wet, non-usable marijuana, and the authorities arrive, you can be jailed and also the Court of Appeals has figured out that you can be prosecuted and punished for possession with intent to deliver cannabis, which the immunity provisions of Section 4 and also Section 8 of the MMMA will certainly not protect you. Second, the issue creates concerns about the stability of the caregiving model, as well as also creates a problematic situation for caregivers applying under the Medical Marijuana Facilities Licensing Act (MMFLA) for a growing or processing license.

Understanding that you are caregiving, which the Courts are showing that a part of your farming process triggers you to commit, at minimum, a misdemeanor, develops possible troubles for the application review process. Further, if having wet marijuana cause for criminal apprehension and prosecution, exactly how does that impact growers as well as processors who are to be licensed under the MMFLA. Seemingly, the two laws are not interlinked and so, there should not be any kind of concerns. However, the MMFLA utilizes the 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 Courts expand that MMMA meaning to the MMFLA. Such a ruling later on might place a major kink in the medical cannabis industry under the MMFLA, likely as an outcome of a possible chilling impact. The judgment clearly causes issues for registered caregivers, and, possibly, for MMFLA cultivators, needs to the Court broaden this reading to cover cannabis growing and also processing under the MMFLA. Essentially, due to the fact that "wet" undried cannabis, according to the Court, does not satisfy the definition of "usable" marijuana, if authorities were to come to the location as well as find wet cannabis, you might be looking at possible criminal liability. If you are a caregiver as well as are intending to continue growing for your patients under the MMMA, as well as you have inquiries about the potential liability you have under this brand-new ruling, don't wait to call our office for a consultation.