Marijuana Clones Are Plants As Explained By Michigan Court Of Appeals

The Michigan Court of Appeals explained in August 2016, that marijuana clones are plants for purposes of the Michigan Medical Marihuana Act (MMMA) when the marijuana clone has a readily identifiable root system. In People v Ventura, the Court of Appeals had to deal with a case of first impression here in Michigan and with the MMMA. The key issue that the Court had to handle and deal with involved whether marijuana clones are plants? In many circumstances, MMMA patients and caregivers that are manufacturing or growing their own marihuana plants partake in the process of cloning their marijuana.

The process of cloning is essentially the taking of a stem and leaf from a mature mother marihuana plant. The taking of the stem and leaf is brought on but cutting the stem at a specific point on the marihuana plant, which then provides the patient or caregiver a clone that can be revitalized  and grow into a mature, budding marihuana plant. The process of when marijuana clones are plants is one of first impression here in the State, even though many individuals understand that once the marijuana clone is cut it is not automatically a plant. In People v Ventura, the Court of appeals took a similar approach and stated that even when a marijuana clone is in soil or growing material it does not automatically make it a plant. Instead, the Court explained that a marijuana clone is a plant when there is “readily observable evidence of a root system.” The court looked to outside material, which included Idaho State court case and Federal cases in determining the extend of when a marijuana clone is a plant, or becomes one. The has identified this analysis or definition as the “root formation standard,” which as of today looks to be used throughout MMMA cases. Moreover, the Court explained that when “applying [the root formation standard], ‘a court must be permitted to use its eyesight and common sense to conclude that it has before it a plant with roots.”

The MMMA is an ever-changing landscape, and for that reasoning it is important to always seek and obtain legal advice and counsel when dealing with activities involving the MMMA. The court in People v Ventura has again limited and explained the atmosphere involving the MMMA and when a marijuana clones are plants, which is at the time when there is “readily observable evidence of a root system.” Never rely on information on this website or any where on the internet when attempting to engage in activity that could be or is potentially criminal in nature or when attempting to provide your own defense within a court of law within Michigan or any State or Federal court within the United States. Lawyer know the law, maintain your rights, so lawyer-up today.

About Josh Jones

Josh Jones is an experienced and professional Michigan Criminal Defense attorney presenting Metro Detroit, Genesee County, Livingston County, Lapeer County, and others throughout the State of Michigan. He is available 7-days a week and handles all felonies, misdemeanors, probation violations, traffic tickets, and drivers license restoration. Josh is only a phone call away and is here to help when you are involved with the criminal justice system.