Defining Drying Usable Marihuana – People v Randall
The Michigan Court of Appeals in January 2015 wrote an opinion involving the Michigan Medical Marihuana Act (MMMA) and the definition of drying usable marihuana, which provides insight on whether an individual would be drying usable marihuana after he or she had just harvested or was harvesting marihuana plants. See People v Randall, Docket No. 318740, Unpublished Opin. (Mich. App. 2015) This unpublished opinion provides insight into what is considered usable marihuana.
In many instances police officers will weigh or attempt to contribute drying usable marihuana within the overall weight for calculating whether the defendant is within his or her weight restrictions as required by MCL 333.26424. The court heard testimony from the officer that explaining that usable marijuana could include wet marijuana; however, it was not usable for purposes of the MMMA. Furthermore, it stated that dried is the past participle or tense of the verb “dry.”
The Court of Appeals explained that the trial court erred when it held that a certain amount of drying marijuana was usable, and thus that amount used in the calculation of usable marijuana should be decreased to a more logical and statutory amount. The Court also explained that the trimmings taken from marijuana plants in question were again calculated in the total amount of weight in error. The trimmings must be taken from the usable marijuana in order for it to become usable. It finally stated that the drying stems and leaves were to be considered under the any marihuana language found within MCL 333.26424.
In the end this opinion assists in moving the medical marihuana industry forward by outlining what is and what is not considered drying usable marihuana and thus what is and what is not usable marihuana as defined by the MMMA. This understanding assists both patients and caregivers in identifying what they can and cannot possess as drying usable marihuana. Whenever you are involved or possibly involved in medical marihuana activities and criminal charges you need to contact a Michigan Marihuana Lawyer.
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