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 remains in the drying procedure, from prosecution. The Courts judgment in the case of People v. Vanessa Mansour identified that because wet cannabis that was in the drying out procedure was not usable marijuana, possession of wet cannabis was not protected by the MMMA.
The MMMA specifies a number 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, and 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 component of what the protections of the act were implied to shield. For that reason, anyone in the marijuana business of caregiving, that is growing under the MMMA for themselves or various other registered qualifying individuals, remains in offense of the legislation, if they have wet marijuana, regardless of the objective for which you have it. Even you remain 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 troublesome for a variety of factors. Initially, any caregiver that is presently growing under the MMMA, will, at some point, have wet cannabis that is drying out but not usable. As a result, any caregiver must understand that if you remain in possession of wet, non-usable marijuana, and the cops show up, you can be apprehended as well as the Court of Appeals has figured out that you can be prosecuted as well as punished for possession with intent to deliver marijuana, which the immunity provisions of Section 4 as well as Section 8 of the MMMA will certainly not protect you. Second, the matter produces questions regarding the practicality of the caregiving model, and additionally creates a bothersome situation for caregivers applying under the Medical Marijuana Facilities Licensing Act (MMFLA) for a growing or processing license.
Recognizing that you are caregiving, which the Courts are showing that a part of your growing process triggers you to commit, at minimum, a misdemeanor, produces prospective troubles for the application review process. Better, if having wet marijuana cause for criminal apprehension and prosecution, just how does that effect growers as well as processors that are to be licensed under the MMFLA. Seemingly, the two statutes are not interlinked and so, there shouldn't be any kind of issues. However, the MMFLA makes use of the same "usable" marijuana definition as the MMMA. Particularly, 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.
For that reason, it wouldn't be a stretch to see the Courts expand that MMMA definition to the MMFLA. Such a ruling down the road could place a significant crimp in the medical cannabis industry under the MMFLA, likely as a result of a possible chilling result. The judgment plainly causes issues for registered caregivers, and also, possibly, for MMFLA farmers, ought to the Court expand 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 interpretation of "usable" marijuana, if authorities were to come to the place as well as find wet marijuana, you may be looking at potential criminal liability. If you are a caregiver and also are preparing to continue growing for your patients under the MMMA, and you have concerns regarding the prospective obligation you have under this new judgment, don't think twice to call our office for a consultation.
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