Previously this month, the Court of Appeals, in a split choice, established 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 Judiciaries ruling in the case of People v. Vanessa Mansour figured out 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 defines many 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, yet does not consist of 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, anyone in the marijuana business of caregiving, that is growing under the MMMA for themselves or various other registered qualifying people, remains in violation of the legislation, if they have wet cannabis, regardless of the purpose for which you possess it. Even you are in the procedure of drying the cannabis, if you are raided and the marijuana is wet, you might be in trouble.
The ruling is rather troublesome for a variety of reasons. First, any caregiver that is presently growing under the MMMA, will, eventually, have wet marijuana that is drying out however not usable. As a result, any caregiver should comprehend 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 actually determined that you can be prosecuted and punished for possession with intent to deliver marijuana, and that the immunity provisions of Section 4 and also Section 8 of the MMMA will not protect you. Second, the issue creates questions about the practicality of the caregiving model, as well as likewise creates a bothersome circumstance 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 cultivation procedure creates you to commit, at minimum, a misdemeanor, creates potential issues for the application review procedure. Additionally, if having wet marijuana cause for criminal apprehension and also prosecution, how does that influence cultivators and also processors who are to be licensed under the MMFLA. Ostensibly, both statutes are not interlinked and so, there shouldn't be any kind of issues. Nevertheless, the MMFLA uses the same "usable" marijuana definition as the MMMA. Particularly, 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.
For that reason, it wouldn't be a stretch to see the Judiciaries expand that MMMA interpretation to the MMFLA. Such a ruling down the road might place a major kink in the medical marijuana industry under the MMFLA, most likely as an outcome of a feasible chilling impact. The ruling clearly creates concerns for registered caregivers, and also, possibly, for MMFLA farmers, should the Court expand this reading to cover cannabis growing and processing under the MMFLA. Essentially, since "wet" undried marijuana, according to the Court, does not satisfy the meaning of "usable" cannabis, if authorities were to come to the place as well as discover wet cannabis, you might be looking at potential 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 prospective responsibility you have under this new judgment, do not think twice to call our office for a consultation.
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