Previously this month, the Court of Appeals, in a split choice, identified that the Michigan Medical Marijuana Act does NOT protect caregivers or patients who are in possession of wet marijuana that is in the drying procedure, from prosecution. The Courts ruling in the case of People v. Vanessa Mansour determined that since wet marijuana that remained in the drying process was not usable marijuana, possession of wet marijuana was not protected by the MMMA.
The MMMA defines a number of the terms of the act. The term usable marijuana is specifically defined in the MMMA. The act defines usable marijuana to imply the following: "Usable marihuana" means the dried leaves, flowers, plant resin, or extract of the marihuana plant, but does not consist of the seeds, stalks, and 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 marijuana was not a part of what the protections of the act were meant to shield. For that reason, anyone in the marijuana business of caregiving, who is growing under the MMMA for themselves or various other registered qualifying people, is in violation of the regulation, if they possess wet cannabis, no matter the objective for which you have it. Also you remain in the process of drying out the marijuana, if you are raided and the marijuana is wet, you can be in trouble.
The ruling is quite troublesome for a variety of factors. First, any caregiver that is presently growing under the MMMA, will, at some point, have wet cannabis that is drying out however not usable. As a result, any caregiver should understand that if you remain in possession of wet, non-usable cannabis, and the authorities show up, you can be detained as well as the Court of Appeals has actually determined that you can be prosecuted and punished for possession with intent to deliver cannabis, and that the immunity provisions of Section 4 and Section 8 of the MMMA will certainly not protect you. Second, the matter produces concerns regarding the stability of the caregiving model, and likewise develops a troublesome 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 indicating that a component of your growing procedure causes you to commit, at minimum, a misdemeanor, develops possible troubles for the application review procedure. Additionally, if having wet cannabis cause for criminal apprehension and also prosecution, just how does that influence farmers and also processors that are to be licensed under the MMFLA. Ostensibly, both laws are not interlinked therefore, there should not be any type of issues. Nevertheless, the MMFLA uses the very same "usable" marijuana definition as the MMMA. Especially, 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 Judiciaries prolong that MMMA definition to the MMFLA. Such a ruling in the future might put a significant kink in the medical marijuana industry under the MMFLA, likely as an outcome of a feasible chilling impact. The judgment plainly creates problems for registered caregivers, and also, potentially, for MMFLA cultivators, should the Court expand this reading to cover cannabis growing and processing under the MMFLA. Essentially, due to the fact that "wet" undried cannabis, according to the Court, does not meet the meaning of "usable" cannabis, if authorities were to come to the place and locate wet cannabis, you might be looking at possible criminal liability. If you are a caregiver as well as are planning to continue growing for your patients under the MMMA, and also you have questions concerning the prospective obligation you have under this brand-new judgment, don't hesitate to contact our office for a consultation.
No comments:
Post a Comment