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 remain in possession of wet marijuana that remains in the drying process, from prosecution. The Judiciaries ruling in the case of People v. Vanessa Mansour established that because wet marijuana that was in the drying process was not usable marijuana, possession of wet marijuana was not protected by the MMMA.
The MMMA specifies most 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 consist of the seeds, stalks, and roots of the plant. The Court found that since the act chose to use the word “dried” before the remaining components, that meant that wet, undried marijuana was not a part of what the protections of the act were implied to shield. Consequently, anybody in the marijuana business of caregiving, that is growing under the MMMA for themselves or other registered qualifying people, is in offense of the regulation, if they have wet marijuana, despite the function for which you possess it. Also you remain in the process of drying out the cannabis, if you are raided and the cannabis is wet, you can be in trouble.
The ruling is quite troublesome for a variety of reasons. Initially, any caregiver that is presently growing under the MMMA, will, eventually, have wet cannabis that is drying out yet 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 sentenced for possession with intent to deliver marijuana, and that the immunity provisions of Section 4 as well as Section 8 of the MMMA will certainly not protect you. Second, the issue produces questions regarding the viability of the caregiving model, as well as additionally produces 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, and that the Courts are indicating that a component of your farming process causes you to commit, at minimum, a misdemeanor, produces potential troubles for the application review procedure. Additionally, if having wet cannabis cause for criminal arrest and also prosecution, exactly how does that influence growers as well as processors who are to be licensed under the MMFLA. Ostensibly, the two laws are not interlinked and so, there shouldn’t be any issues. Nonetheless, the MMFLA utilizes the same “usable” marijuana definition as the MMMA. Especially, subsection (ff) of M.C.L. § 333.27102 defines usable marijuana 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 interpretation to the MMFLA. Such a ruling later on could put a major crimp in the medical cannabis industry under the MMFLA, most likely as a result of a possible chilling effect. The ruling clearly triggers concerns for registered caregivers, and also, potentially, for MMFLA farmers, must the Court expand this analysis to cover marijuana growing as well as processing under the MMFLA. Basically, because “wet” undried cannabis, according to the Court, does not satisfy the definition of “usable” cannabis, if authorities were to come to the place as well as discover wet marijuana, you might 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 about the potential responsibility you have under this brand-new ruling, do not be reluctant to call our office for a consultation.
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