Wet Marijuana Still Prohibited Per MI COA

Earlier this month, the Court of Appeals, in a split choice, established that the Michigan Medical Marijuana Act does NOT protect caregivers or patients that remain in possession of wet cannabis that remains in the drying process, from prosecution. The Courts ruling in the case of People v. Vanessa Mansour determined that because wet marijuana that was in the drying out procedure was not usable marijuana, possession of wet marijuana was not protected by the MMMA.


The MMMA defines much 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, yet does not consist of the seeds, stalks, and also roots of the plant. The Court found that due to the fact that the act chose to use the word "dried" before the remaining components, that implied that wet, undried cannabis was not a component of what the protections of the act were suggested to shield. Therefore, anyone in the marijuana business of caregiving, that is growing under the MMMA for themselves or other registered qualifying patients, remains in offense of the law, if they possess wet cannabis, regardless of the objective for which you have it. Also you remain in the process of drying out the marijuana, if you are raided and the cannabis is wet, you can be in trouble.


The ruling is rather troublesome for a number of reasons. First, any caregiver that is currently growing under the MMMA, will, eventually, have wet cannabis that is drying but not usable. Therefore, any caregiver needs to understand that if you are in possession of wet, non-usable marijuana, and the police arrive, you can be apprehended and the Court of Appeals has actually identified that you can be prosecuted and also punished for possession with intent to deliver cannabis, and that the immunity provisions of Section 4 as well as Section 8 of the MMMA will not protect you. Second, the issue creates inquiries regarding the viability of the caregiving model, as well as additionally produces a problematic scenario for caregivers applying under the Medical Marijuana Facilities Licensing Act (MMFLA) for a growing or processing license.


Knowing that you are caregiving, which the Courts are indicating that a part of your cultivation procedure triggers you to commit, at minimum, a misdemeanor, creates possible troubles for the application review procedure. Even more, if having wet cannabis cause for criminal apprehension and prosecution, just how does that effect farmers as well as processors that are to be licensed under the MMFLA. Ostensibly, the two statutes are not interlinked therefore, there should not be any type of issues. Nevertheless, the MMFLA utilizes the exact same "usable" marijuana definition as the MMMA. Particularly, subsection (ff) of M.C.L. § 333.27102 specifies 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 extend that MMMA interpretation to the MMFLA. Such a ruling down the road could place a significant crimp in the medical cannabis industry under the MMFLA, most likely as an outcome of a feasible chilling result. The judgment clearly creates concerns for registered caregivers, as well as, potentially, for MMFLA farmers, ought to the Court increase this reading to cover cannabis growing and also processing under the MMFLA. Essentially, since "wet" undried cannabis, according to the Court, does not fulfill the meaning of "usable" cannabis, if authorities were to come to the place and also find wet cannabis, you may be looking at potential criminal liability. If you are a caregiver as well as are intending to continue growing for your patients under the MMMA, and you have concerns concerning the potential responsibility you have under this new judgment, do not think twice to contact our office for a consultation.

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