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150 Minor Patients In The Mmmp

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http://www.mlive.com/news/flint/index.ssf/2015/07/medical_marijuan_credited_for.html

 

As of April 2015, there were 150 patients under the age of 18 registered with the state of Michigan to use medical marijuana. In less than three years, that number has more than tripled. In 2012, there were only an estimated 44 children registered for medical marijuana use in Michigan.

 

Good luck to all of those families out there.

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We have been fighting for a fix to the Carruthers ruling since August of 2013. It is a shame that our state's legislature and law enforcement do not feel our 150 families with children with severe and chronic conditions are a priority and should only be dealt with once all law enforcement's qualms are worked out with the provisioning center bill. 

 

Meanwhile, my 6 year old son and our family clearly has sec 4 protections in tact if he should choose to light up a fatty - and that is where it ends.

Edited by mp4c

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if anyone cared to read carruthers opinion it specifically says edibles are allowed. just because half of the newspapers said it was illegal does not make it so.

 

  Thanks for the info, I will read Carruthers again.

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People v Carruthers, 301 Mich App 590, 597; 837. NW2d 16 (2013).

 

Google it and a pdf comes up as the first two hits.

 

I can't get the link from komorns site to copy.

Edited by suneday11

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Issue: Whether edibles made from resin (which contain THC) qualify as usable

marihuana?

Holding: NO. Because the definition of "usable marihuana" only refers to leaves

and flowers, edibles made purely of resin do not constitute "usable marihuana."

 

So is edibles legal or not? That is edibles using cannabutter. I'm thinking NO. Using leaves and flowers in edibles would be legal.

 

Is cannabutter edibles legal if within 2.5 oz limit? This would be  2 or 3 cookies.

Edited by blackhorse

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whoa...I believe the resin itself is covered, with legal weight limits defined,  and when you mix that resin in with other stuff to sell -cops cant discern how much of it is resin so........

maybe if the said edible weighed less than 2.5 ounces and was the only preparation possessed it would be covered too?

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Issue: Whether edibles made from resin (which contain THC) qualify as usable

marihuana?

Holding: NO. Because the definition of "usable marihuana" only refers to leaves

and flowers, edibles made purely of resin do not constitute "usable marihuana."

 

So is edibles legal or not? That is edibles using cannabutter. I'm thinking NO. Using leaves and flowers in edibles would be legal.

 

Is cannabutter edibles legal if within 2.5 oz limit? This would be  2 or 3 cookies.

a little sugar leaf is a great cookie topper......

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So is edibles legal or not?

 

That is edibles using cannabutter. I'm thinking NO.

2.5oz of cannabutter is legal. coa heard the word "resin" and thought it meant "resin from the marihuana stalks"

obviously, sec4 protects preparations made from leaf and flower, not stalks.

 

its just a bad coa ruling and thats why you arent seeing any edibles cases showing up in the aftermath. the grand rapids cannabutter case is also because of over 2.5oz of butter. i believe it was 1 pound of butter in that case.

 

in carruthers' case, it doesnt matter for him to appeal the ruling because hes over his 2.5oz limit anyhow and must rely on sec8.

 

Is cannabutter edibles legal if within 2.5 oz limit? This would be  2 or 3 cookies.

2.5oz of brownie. any more brownie and you are not protected by sec4.

 

sec4:

provided that the qualifying patient possesses an amount of marihuana that does not exceed 2.5 ounces of usable marihuana

 

(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.

 

so we put it together, and sec4a then looks like this:

 

provided that the qualifying patient possesses an amount of marihuana that does not exceed 2.5 ounces of dried leaves and flowers of the marihuana plant, and any mixture or preparation thereof

 

or more clearly, swapping some words around:

provided that the qualifying patient possesses an amount of marihuana that does not exceed 2.5 ounces mixture or preparation of dried leaves and flowers of the marihuana plant

 

 

this of course, is just my lay opinion, not any kind of lawyer, please do not take this as legal advice.

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 I take an ounce of material (bud or clippings) and mix with a pound of butter to make cannabutter. Now I am over my weight limit?

 

Then I make cookies with a qtr. pound of the butter, which makes about 24 cookies. Now I am way over my limit again?

 

Good think they aren't pushing this issue, but then not selling and consuming at home would help.

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We disagree with both plaintiff and defendant, based on the plain language of the

MMMA itself.6

 Notably, the MMMA’s definition of “usable marihuana” excludes much of the 

language found in the definition of “marihuana.” It excludes the words “resin extracted from any

part of the plant,” and “compound, manufacture, salt, derivative . . . of the plant or its seeds or

resin.” See MCL 333.7106, MCL 333.26423(k). It additionally excludes “the resin extracted”

from “the mature stalks of the plant.” Id. To ignore these exclusions, and to thereby construe

“usable marihuana” to include a “mixture or preparation” of an extract (THC) of an extract

(resin) from the marijuana plant, would alter the plain meaning of the words that the drafters of

the MMMA chose to employ. By excluding resin from the definition of “usable marihuana,” as

contrasted with the definition of “marihuana,” and defining “usable marihuana” to mean only

“the dried leaves and flowers of the marihuana plant, and any mixture or preparation thereof,”

MCL 333.26423(k) (emphasis added), the drafters clearly expressed its intent not to include

resin, or a mixture or preparation of resin, within the definition of “usable marihuana.” It

therefore expressed its intent not to include a mixture or preparation of an extract of resin.

Consequently, an edible made with THC extracted from resin is excluded from the definition of

“usable marihuana.” Rather, under the plain language of the MMMA, the only “mixture or

preparation” that falls within the definition of “usable marihuana” is a “mixture or preparation”

of “the dried leaves and flowers of the marihuana plant.”

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