tomcatjones
Active Member
The CoA has made ALL extracts illegal. do not count as "usable marijuana" -whether you put it in a capsule or a brownie, wont matter.. has to have plant matter around to count..
http://publicdocs.courts.mi.gov:81/OPINIONS/FINAL/COA/20130711_C309987_37_309987.OPN.PDF
"Our interpretation also does not preclude the medical use of marijuana by ingestion of
edibles; to the contrary, such use is authorized by the MMMA, within the statutory limitations,
provided that the edible is a mixture or preparation of the dried leaves and flowers of the
marihuana plant, rather than of the more potent THC that is extracted from marijuana resin.
Again, we find that judgment of the drafters of the MMMA, in so defining usable marihuana,
to be an appropriate exercise of its duty to define the parameters of legal medical marijuana use"
and..
These principles, and our reading of the MMMA, thus convince us that edibles made with
THC extracted from marijuana resin are not usable marihuana under the MMMA. Simply put,
the evidence before this Court indicates that the brownies were not a mixture or preparation of
dried leaves and flowers of the marihuana plant. MCL 333.26423(k). Therefore, the brownies
were not usable marihuana under the MMMA, and none of the weight of the brownies should
have been counted towards the determination of whether defendant possessed over 12.5 ounces
of usable marijuana.
gets worse...
"For example, if in an individual circumstance a particular qualifying patient suffers from a serious or debilitating medical condition (or symptoms thereof) such that treatment or alleviation requires the medical use of marijuana, even in a form comprised of a mixture or preparation of THC extracted from the resin of a marijuana plant (and that thus would not qualify a patient or primary caregiver for section 4 immunity), then the patient and/or his or her primary caregiver may be entitled to assert a section 8 affirmative defense, provided that it is demonstrated that the amount of such marijuana possessed was not more than was reasonably necessary for the statutorily recognized purposes (and provided that the other conditions of section 8 are met). This is not to say that establishing a section 8 defense under such circumstances would be an easy task; to the contrary, we suspect that the bar to establishing such a defense under those circumstances indeed would be a high one, and one that would become increasingly higher as the amount and/or potency of the marijuana possessed increases"
oh and this GEM is hidden in there.... "It also provides an essential mechanism for implementing the voters desire to continue prosecutions for possession and use of marijuana in excess of that which is permitted for medical use. "
"mechanism... for prosecution" WOW
we need everybody's help. time for a lawsuit, a grievance, something, -cannabis oil does wonders for a variety of things, i dont need to preach to you guys. but we need to mobilize an effort to fuck this decision up.
http://publicdocs.courts.mi.gov:81/OPINIONS/FINAL/COA/20130711_C309987_37_309987.OPN.PDF
"Our interpretation also does not preclude the medical use of marijuana by ingestion of
edibles; to the contrary, such use is authorized by the MMMA, within the statutory limitations,
provided that the edible is a mixture or preparation of the dried leaves and flowers of the
marihuana plant, rather than of the more potent THC that is extracted from marijuana resin.
Again, we find that judgment of the drafters of the MMMA, in so defining usable marihuana,
to be an appropriate exercise of its duty to define the parameters of legal medical marijuana use"
and..
These principles, and our reading of the MMMA, thus convince us that edibles made with
THC extracted from marijuana resin are not usable marihuana under the MMMA. Simply put,
the evidence before this Court indicates that the brownies were not a mixture or preparation of
dried leaves and flowers of the marihuana plant. MCL 333.26423(k). Therefore, the brownies
were not usable marihuana under the MMMA, and none of the weight of the brownies should
have been counted towards the determination of whether defendant possessed over 12.5 ounces
of usable marijuana.
gets worse...
"For example, if in an individual circumstance a particular qualifying patient suffers from a serious or debilitating medical condition (or symptoms thereof) such that treatment or alleviation requires the medical use of marijuana, even in a form comprised of a mixture or preparation of THC extracted from the resin of a marijuana plant (and that thus would not qualify a patient or primary caregiver for section 4 immunity), then the patient and/or his or her primary caregiver may be entitled to assert a section 8 affirmative defense, provided that it is demonstrated that the amount of such marijuana possessed was not more than was reasonably necessary for the statutorily recognized purposes (and provided that the other conditions of section 8 are met). This is not to say that establishing a section 8 defense under such circumstances would be an easy task; to the contrary, we suspect that the bar to establishing such a defense under those circumstances indeed would be a high one, and one that would become increasingly higher as the amount and/or potency of the marijuana possessed increases"
oh and this GEM is hidden in there.... "It also provides an essential mechanism for implementing the voters desire to continue prosecutions for possession and use of marijuana in excess of that which is permitted for medical use. "
"mechanism... for prosecution" WOW
we need everybody's help. time for a lawsuit, a grievance, something, -cannabis oil does wonders for a variety of things, i dont need to preach to you guys. but we need to mobilize an effort to fuck this decision up.
