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Marijuana Analogue?


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analogue is defined in http://legislature.mi.gov/doc.aspx?mcl-333-7104

go here http://www.legislature.mi.gov/ and in MCL content box type analogue.

 

(3) “Controlled substance analogue” means a substance the chemical structure of which is substantially similar to that of a controlled substance in schedule 1 or 2 and that has a narcotic, stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to or greater than the narcotic, stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in schedule 1 or 2 or, with respect to a particular individual, that the individual represents or intends to have a narcotic, stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to or greater than the narcotic, stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in schedule 1 or 2. Controlled substance analogue does not include 1 or more of the following:

 

 

just means a similar chemical i guess.

 

if you're asking if marijuana chemicals are found in other plants, its true. flax seed oil contains cannabidiol i think.

http://www.ncbi.nlm.nih.gov/pubmed/22706678

 

many other terpenoids and flavenoids and terpenes found in cannabis are also found in other plants like lemon balm, peppermint, etc.

Edited by t-pain
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the MMMA defines marihuana as from the public health code, 333. 7106 

http://legislature.mi.gov/doc.aspx?mcl-333-7106

(3) “Marihuana” means all parts of the plant Canabis sativa L., growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.

 

so if you take some of the marijuana plant and put it in butter, then you put that butter in a brownie, its still pieces of a marijuana plant.

 

the MMMA defines usable marihuana as

 

(k) "Usable marihuana" means the dried leaves and flowers of the marihuana plant, and any mixture or preparation thereof, but does not include the seeds, stalks, and roots of the plant.

 

again, a preparation of butter + flowers = still usable marihuana

so an edible is most definitely marijuana. even the court of appeals in people v carruthers says as much:

http://komornlaw.com/wp-content/uploads/2013/07/People-v.-Carruthers.pdf

 

Our interpretation also does not preclude the medical use of marijuana by ingestion of
edibles;9 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.

 

 

i was thinking how to show this in court. it might be time to show your arts and crafts skills.

 

for this example, the piece of paper is the marijuana flower.

take a piece of paper, cover it in glitter. take it into court. crumple / shred the paper over a strainer into a clear container 

put plain playdoh (example of butter) to the container and mix it around.

show that the playdoh (butter) has absorbed the marijuana (glitter) pieces.

you've just made a playdoh brownie. ask the court if the strainer changes the marihuana somehow. eheh

 

note i have no idea if the court would accept this into evidence or whatever

you could also find a marijuana brownie video on youtube to show

this is not legal advice, i am no lawyer. good stinking luck.

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or more bluntly, the part of the controlled substance analogue definition that i did not paste.

 

http://legislature.mi.gov/doc.aspx?mcl-333-7104

Controlled substance analogue does not include 1 or more of the following:

(a) A controlled substance.

 

obviously, marihuana is already a controlled substance,  and the test the police used to prove it was marihuana prove that it is a controlled substance and thus not a controlled substance analogue. (there you go)

Edited by t-pain
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maybe you should print the controlled substances benchbook (aka the cheat sheet for judges so they dont have to read all those pesky laws.) and highlight the important part about controlled substance analogues

http://courts.mi.gov/education/mji/Publications/Documents/Controlled-Substances.pdf

page 2-35:
MCL 333.7401c does not apply to violations involving only a cocaine‐
related substance as found in MCL 333.7214(a)(iv), or marijuana, or
both. MCL 333.7401c(3).


MCL 333.7404 prohibits only the unauthorized use of controlled
substances or controlled substance analogues.52 Use is authorized if
the substance was obtained pursuant to a valid prescription or order
of a practitioner while acting in the course of the practitioner’s
professional practice.
Where a defendant argues that he or she was authorized to use the
controlled substance or controlled substance analogue, he or she
bears the burden of proving that his or her use was authorized. MCL
333.7531(1). In the absence of proof, there is a rebuttable presumption
that the defendant was not authorized to use the controlled substance
or controlled substance analogue. MCL 333.7531(2).

i mean every single page in the book says it.
MCL 333.7401c prohibits a trio of acts related to the production of
controlled substances in §7401 (Section 7.1, above), counterfeit controlled
substances (Section 7.5, below), or controlled substance analogues
(Section 7.5, below). MCL 333.7401c does not apply to violations
involving only
 cocaine‐related substances as defined in MCL
333.7214(a)(iv), marijuana, or both. MCL 333.7401c(3).

anyway, file a secion 8 motion to dismiss as soon as possible. it cant hurt.
have your lawyer also file a motion to dismiss these charges since the brownie most definitely contains marijuana.

ask the prosecutor to provide any other case which called a marijuana edible a marijuana analogue.

show your card to the judge, but be careful about giving testimony how you made said brownie. the making of edibles is currently in a shitstorm in the court of appeals and you dont need to get caught up in it.

Edited by t-pain
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In chemistry, a structural analog (structural analogue), also known as chemical analog or simply analog, is a compound having a structure similar to that of another one, but differing from it in respect of a certain component.[1][2][3]

It can differ in one or more atoms, functional groups, or substructures, which are replaced with other atoms, groups, or substructures. A structural analog can be imagined to be formed, at least theoretically, from the other compound.

Despite a high chemical similarity, structural analogs are not necessarily functional analogs and can have very different physical, chemical, biochemical, or pharmacological properties.[4]

In drug development either a large series of structural analogs of an initial lead compound are created and tested as part of a structure-activity relationship study[5] or a database is screened for structural analogs of a lead compound.[6]

Chemical analogues of illegal drugs are developed and sold in order to circumvent laws. Such substances are often called designer drugs. Because of this, the United States passed the Federal Analogue Act in 1986. This bill banned the production of any chemical analogue of a Schedule I or Schedule II substance that has substantially similar pharmacological effects, with the intent of human consumption.

Examples See alsoReferences
  1. Jump up ^ Willett, Peter, Barnard, John M. and Downs, Geoffry M. (1998). "Chemical Similarity Searching". Journal of Chemical Information and Computer Science 38: 983−996.
  2. Jump up ^ A. M. Johnson, G. M. Maggiora (1990). Concepts and Applications of Molecular Similarity. New York: John Willey & Sons. ISBN 0-471-62175-7.
  3. Jump up ^ N. Nikolova, J. Jaworska (2003). "Approaches to Measure Chemical Similarity - a Review". QSAR & Combinatorial Science 22 (9-10): 1006–1026. doi:10.1002/qsar.200330831.
  4. Jump up ^ Martin, Yvonne C., Kofron, James L. and Traphagen, Linda M. (2002). "Do Structurally Similar Molecules Have Similar Biological Activity?". Journal of Medicinal Chemistry. 45(19): 4350–4358. doi:10.1021/jm020155c.
  5. Jump up ^ Schnecke, Volker and Boström, Jonas (2006). "Computational chemistry-driven decision making in lead generation". Drug Discovery Today. 11(1-2): 43–50.
  6. Jump up ^ Rester, Ulrich (2008). "From virtuality to reality - Virtual screening in lead discovery and lead optimization: A medicinal chemistry perspective". Current Opinion in Drug Discovery & Development 11 (4): 559–68. PMID 18600572.
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