Thursday, April 25, 2024

Mich. court rules edible marijuana unusable

July 17, 2013

Brownies, candies, balms, creams, ointments and extracts — all of these products have become favorites for medical marijuana patients who prefer more casual methods to smoking the plant.

Unfortunately for users and operators of dispensaries across the state, the Michigan Court of Appeals ruled on July 11 that edibles, and by extension many of these products, are not considered usable marijuana under the current Michigan Medical Marihuana Act, or MMMA.

The decision came as a disappointment for Tim, manager of Star Buds Medical Marijuana Clinic, who wished to exclude his last name for fear of legal repercussions.

“This is a more complicated issue than most people realize,” Tim said, adding that even though the court ruled extracts or resins from the marijuana plant aren’t considered usable, it won’t really change much for current users.

“I’ve spoken with a lawyer and I’ve spoken with someone who makes extracts, and neither of them seemed concerned,” he said.

However, most users and growers continue to remain fearful of legal repercussions, according to Tim. Edibles and candies have become far too popular to be stopped completely, he said, and no matter how hard courts try, they aren’t going to be able to put the cat back into the bag.

Even though Tim said he is less fearful of facing criminal charges than he was six months ago, he is frustrated that politicians and court officials are continuing to subvert voters. In the end, Tim said while he expects full legalization of marijuana in the future, he wished the state would stop beating around the bush and get to work.

State Rep. Mike Callton, R-Nashville, a sponsor of the original medical marijuana legislation, said he disagreed with the court’s decision. A chiropractor by trade, Callton witnessed patients who have benefited from medical marijuana firsthand, and said most patients are looking for symptom relief instead of trying to get high.

“Cancer patients are often trying to alleviate nausea and increase their appetites, and they generally prefer candy,” he said.

Callton said he was disappointed the courts and attorney general’s office would attempt to keep medicine away from patients.

“If a candy helps you to suffer less or helps you keep weight on and stay alive, I have a hard time understanding why courts have a problem with it,” Callton said.

Callton is currently sponsoring HB 4271, a bill which would give dispensaries a legal standing, as the current code only allows for caregivers to provide care to a maximum of five patients.

In the future, Callton would like to see patients able to get and fill a prescription for medication the same say, instead of forcing them to wait four to six months to either grow their own plants or for a caretaker to cultivate them.

The decision, which was handed down in People of MI vs. Earl Cantrell Carruthers, said brownies found in Carruthers’ car during a January 2011 traffic stop were not considered permissible under the current code, and that edibles were illegal unless they contained actual plant life.

Carruthers was previously sentenced to 33 days in jail and three years probation, a sentence the court upheld.

The court noted, however, that he might have a legal basis to claim immunity under section 8 of the MMMA, which provides immunity for individuals who carry “not more than was reasonably necessary to ensure the uninterrupted availability of marihuana for the purpose of treating or alleviating the patient’s serious or debilitating medical condition or symptoms.”

Support student media! Please consider donating to The State News and help fund the future of journalism.

Discussion

Share and discuss “Mich. court rules edible marijuana unusable” on social media.