Wednesday, January 27, 2016

Michigan Court of Appeals: Ruling on what's considered "usable marijuana" under the Medical MJ Act.

GRAND RAPIDS, MI – In a split decision, a state appeals panel said that harvested marijuana being kept in canisters to dry does constitute usable marijuana.

Alenna Marie Rocafort, 47, said she intended to make hash oil out of drying - and thus not usable - marijuana.

(article here - via mlive). 

The defendant had earlier been charged with being beyond the legal limit of what's allowed under the MMMA law for medical caregivers.  Caregivers are allowed to possess up to 2.5 ounces of marijuana per patient. She would be allowed to possess 15 ounces for five patients and herself.

The Kent County Circuit court ruled earlier that she was above the limit - and in violation of the Act. But the Court of Appeals disagreed.

"The trial court concluded that, although the seized marijuana may not have been dried to the ideal extent, it was 'largely dried,' and therefore denied defendant's motions," justices Jane Markey and William Murphy wrote.

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