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Are Marijuana And Cannabis Different


bobandtorey

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If someone has a medical marijuana card, what exactly are they allowed to have? And even more importantly, how much of that whatever substance are they allowed to have. While that may seem like a simple question, the answer is not clear cut because Arizona laws on the topic are conflicting.

Under the criminal code, marijuana is defined as (see ARS 13-3401):

all parts of any plant of the genus cannabis, from which the resin has not been extracted, whether growing or not, and the seeds of such plant.  Marijuana does not include the mature stalks of such plant or the sterilized seed of such plant which is incapable of germination.

 

 

But under the Arizona medical marijuana act (ARS 36-2801), it is defined as “all parts of any plant of the genus cannabis whether growing or not, and the seeds of such

 

plant.” Further complicating the issue is the distinction of “usable marijuana”.

 

"Usable marijuana" means the dried flowers of the marijuana plant, and any mixture or preparation thereof, but does not include the seeds, stalks and roots of the plant

 

and does not include the weight of any non-marijuana ingredients combined with marijuana and prepared for consumption as food or drink.

 

This distinction is important because a cardholder is entitled to have an "allowable amount of marijuana", which is limited to “two-and-one-half ounces of usable

 

marijuana.” But “cannabis” includes “resin extracted from any part of a plant of the genus cannabis” and it is a narcotic drug under Arizona law.

 

In other words, cannabis is defined much more broadly than “medical marijuana”, which leaves the door open for prosecution. As the director of Arizona Department of

 

Health Services Will Humble noted:

 

registered identification card holders and dispensaries may be exposed to criminal prosecution under the Criminal Code for possessing a narcotic drug if the card holder

 

 

or dispensary possesses resin extracted from any part of a plant of the genus Cannabis or an edible containing resin extracted from any part of a plant of the genus 

 

Cannabis.

...

The major difference is that the definition of “Useable Marijuana” in AMMA includes “… dried flowers of the marijuana plant, and any mixture or preparation

 

thereof…” without specifically addressing the “resins” and “extracts” identified in the Criminal Code.

 

Finally, it seems this issue will be determined by a judge as the ACLU filed a lawsuit seeking to declare extracts and resins protected under the medical marijuana act:

 

 

Plaintiffs respectfully request that this court declare that the AMMA's decriminalization of marijuana for medicinal purposes includes products, such as extracts, derived

 

from said marijuana

You can see the complaint here marijuana complaint.pdf and the motion for a preliminary injunction here 

 

plaintiffs_motion_for_preliminary_injunction_and_exhibits.pdf . The first hearing on this case is set for January 24, 2014

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Personally, I use cannabis in the morning, and marijuana in the evening.

I use cannabis in the morning and marijuana in the morning, and than I use marijuana in the evening and cannabiss in the evening!

 

 

 

And then there's camnimbus ... on Craig's List. LOL Give me some of that.

Ive never tried camnimbus? But I wouldnt mind trying it, at least once!

 

Happy cannabiss and happy mm and Holidays!

 

Peace

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