When the legislature banned a patient and caregiver from extracting marijuana using butane inside of a residence, the reason given was for the safety of the public.
The changes to the MMMA proposed by Triston Cole do not rely on safety, or any logical reason at all. This kind of power grab is frightening. It is one thing to ban an activity, it is quite another to make extracting marijuana a 5 year felony.
Triston Cole wants extracting marijuana to carry a longer sentence of 5 years in prison when the manufacture of marijuana is only a 4 year sentence. What is next? Making a felony out of a medical marijuana patient baking their own brownies? Making it a felony for a medical marijuana patient to grow their own medicine?
This would ban iso extraction and ice/water extraction, not to mention CO2 and other forms of extractions. Talk with your representatives about these bills. Tell them to leave medical marijuana patients alone and give them the same respect as other patients.
This bill modifies the MMFLA to make it explicit that only a processor licensee or its agents can extract marijuana resin.
25 (6) A PERSON SHALL NOT KNOWINGLY EXTRACT RESIN FROM MARIHUANA
26 BY CHEMICAL EXTRACTION UNLESS THE PERSON HOLDS A PROCESSOR LICENSE.
27 (7) AN INDIVIDUAL SHALL NOT KNOWINGLY EXTRACT RESIN FROM
1 MARIHUANA BY CHEMICAL EXTRACTION UNLESS HE OR SHE IS EMPLOYED BY A
2 PERSON THAT HOLDS A PROCESSOR LICENSE AND PERFORMS THE EXTRACTION
3 IN THE COURSE OF HIS OR HER EMPLOYMENT. AN INDIVIDUAL WHO EXTRACTS
4 RESIN FROM MARIHUANA BY CHEMICAL EXTRACTION IN THE COURSE OF HIS OR
5 HER EMPLOYMENT AND WHO REASONABLY BELIEVES HIS OR HER EMPLOYER
6 HOLDS A PROCESSOR LICENSE IS NOT IN VIOLATION OF THIS SUBSECTION.
7 (8) A PERSON THAT VIOLATES SUBSECTION (6) OR (7) IS GUILTY OF
8 A FELONY PUNISHABLE AS FOLLOWS:
9 (A) EXCEPT AS PROVIDED IN SUBDIVISIONS (B) AND (C),
10 IMPRISONMENT FOR NOT MORE THAN 5 YEARS OR A FINE OF NOT MORE THAN
11 $5,000.00, OR BOTH.
12 (B) IF THE VIOLATION CAUSES SERIOUS INJURY TO ANOTHER PERSON,
13 IMPRISONMENT FOR NOT MORE THAN 10 YEARS OR A FINE OR NOT MORE THAN
14 $5,000.00, OR BOTH. AS USED IN THIS SUBDIVISION, "SERIOUS INJURY"
15 MEANS A PHYSICAL INJURY THAT IS NOT NECESSARILY PERMANENT, BUT THAT
16 CONSTITUTES SERIOUS BODILY DISFIGUREMENT OR THAT SERIOUSLY IMPAIRS
17 THE FUNCTIONING OF A BODY ORGAN OR LIMB. SERIOUS INJURY INCLUDES,
18 BUT IS NOT LIMITED TO, 1 OR MORE OF THE FOLLOWING:
19 (i) LOSS OF A LIMB OR USE OF A LIMB.
20 (ii) LOSS OF A HAND, FOOT, FINGER, OR THUMB OR USE OF A HAND,
21 FOOT, FINGER, OR THUMB.
22 (iii) LOSS OF AN EYE OR EAR OR USE OF AN EYE OR EAR.
23 (iv) LOSS OR SUBSTANTIAL IMPAIRMENT OF A BODILY FUNCTION.
24 (v) SERIOUS VISIBLE DISFIGUREMENT.
25 (vi) A COMATOSE STATE THAT LASTS FOR MORE THAN 3 DAYS.
26 (vii) MEASURABLE BRAIN DAMAGE OR MENTAL IMPAIRMENT.
27 (viii) A SKULL FRACTURE OR OTHER SERIOUS BONE FRACTURE.
1 (ix) SUBDURAL HEMORRHAGE OR HEMATOMA.
2 (C) IF THE VIOLATION CAUSES THE DEATH OF ANOTHER PERSON,
3 IMPRISONMENT FOR NOT MORE THAN 20 YEARS OR A FINE OF NOT MORE THAN
4 $5,000.00, OR BOTH.
Adds a 5 year felony for extracting marijuana resin without a processor license.
Adds a 10 year felony for extracting marijuana resin if it causes severe injury.
Adds a 20 year felony for extracting marihuana resin if it causes death.
Modifies the MMMA Section 7 , 333.26427, removing all immunity if a patient or caregiver extracts plant resin by chemical extraction.
333.26427 Scope of act; limitations.
7. Scope of Act.
Sec. 7. (a) The medical use of marihuana is allowed under state law to the extent that it is carried out in accordance with the provisions of this act.
(b) This act does not permit any person to do any of the following:
(6) Separate plant resin from a marihuana plant by CHEMICAL EXTRACTION.