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what is dried anymore?


t-pain
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4210 amended the definition of usable marihuana

Does "Usable marihuana" now mean the "dried leaves, dried flowers,
dried plant resin and dried extract" (or extract)?

"Marihuana" and "Usable Marihuana" must be constructed separately to
give both of the words meaning, otherwise it would make nugatory the
definition of "usable marihuana" if it just meant all marihuana ?

No, the COA is just going to say that the difference between marihuana
and usable marihuana is the part about "not include the seeds, stalks,
and roots of the plant."

(n) "Usable marihuana" means the dried leaves, flowers, plant resin,
or extract of the marihuana plant, but does not include the seeds,
stalks, and roots of the plant.


To construct "usable marihuana" to not mean "dried flower" , as the
definition previously did so, would be an absurd result. Wet leaves
and wet flowers are not smoke able.

The COA is going to say that now that edibles are allowed , that wet
marijuana is now allowed to be put into brownies.

The absurd result comes from 12 plants as well.

12 possible plants that grow enough for a person to have enough
marijuana under section 4. Each plant would produce more than 2.5
ounces of "usable marihuana" if the definition of "usable marihuana"
now meant wet flower as well. Each plant would be a violation.


333.26424 "provided that the qualifying patient possesses an amount of
marihuana that does not exceed a combined total of 2.5 ounces of
usable marihuana and usable marihuana equivalents"


We may have to use mip to get out of this hole.

(f) "Marihuana-infused product" means a topical formulation, tincture,
beverage, edible substance, or similar product containing any usable
marihuana that is intended for human consumption in a manner other
than smoke inhalation. Marihuana-infused product shall not be
considered a food for purposes of the food law, 2000 PA 92, MCL
289.1101 to 289.8111.

Mip means a product containing any usable marihuana that is ... other
than smoke inhalation.

Does this mean that "usable marihuana" means intended for human
consumption via smoke inhalation?


333.26422(b) helps with the intent to protect patients. If the intent
was to allow a maximum plant count of 12 but even just one plant would
be too many then section 2b is nugatory.

333.26424(a/b) would also be nugatory for the 12 plants or any plants
really to be in accordance with possessing transporting cultivating
and manufacturing plants, there would be many times where a patient or
caregiver would have more than 2.5oz usable under this coa dissent opinion in rocafort.


Relevant part of Rocafort dissent:

Pertinent to this case, the MMMA as amended by 2016 PA 283 makes substantive
changes in the definition of “usable marihuana,” which previously was
defined by MCL
333.26423(k) as “ ‘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.’ ” Carruthers,
301 Mich App at 597. As amended by 2016 PA 283, MCL 333.26423(n)
provides that “usable
marihuana means the dried leaves, flowers, plant, resin, or extract of
the marihuana plant, but
does not include the seeds, stalks, and roots of the plant.” See
Manuel, 319 Mich App at 301.


As amended, the word “dried” in the definition of “usable marihuana”
only modifies “leaves.”
Consequently, modified by 2016 PA 283, not all “usable marihuana”
under the MMMA must be
“dried.” Rather, “usable marihuana” includes “dried leaves,” but it
also includes substances that
are presumably liquids, including “plant resin, or extract of the
marihuana plant[.]” Further, the
adjective “dried” is separated from the word “flowers” by a comma.
This grammatical context
suggests that while marijuana leaves must be dried to be usable,
harvested flowers need not be.
See People v Beardsley, 263 Mich App 408, 412-413; 688 NW2d 304, 306
(2004) (“Punctuation
is an important factor in determining legislative intent, and the
Legislature is presumed to know
the rules of grammar.”); Dale v Beta-C, Inc, 227 Mich App 57, 69; 574
NW2d 697 (1997)
(“Proper syntax provides that commas usually set off words, phrases,
and other sentence
elements that are parenthetical or independent. . . . Moreover, it is
a general rule of statutory, as
well as grammatical, construction that a modifying clause is confined
to the last antecedent
unless a contrary intention appears.”).

 

If "usable" marihuana means smokeable only, then the plant flower has
to be dry to be smokeable.
Then "marihuana-infused product" means anything non smokeable. Right?

Under the MMMA there are now 2 specified ways to use marihuana.

Smoked / Vaped / Dabbed dried leaves, dried flowers, plant resin and
extract (usable marihuana)
Topical or Edible or liquid eye drops / nasal spray whatever
(marihuana-infused product)

(f) "Marihuana-infused product" means a topical formulation, tincture,
beverage, edible substance, or similar product containing any usable
marihuana that is intended for human consumption in a manner other
than smoke inhalation.

Is adding "intended for human consumption in a smoke inhalation
manner" to the definition of "usable marihuana" surplusage?

My posit is that those are the only ways to use marihuana. Either you
non smoke it, or you smoke it (vape is one or the other).
Maybe there is some scientific paper explaining the many ways (smoked
or not smoked) of using marihuana.

The state cannot say that wet flowers are usable for anything at all,
except drying for usable medical marijuana.


From transport to storage, wet marihuana molds, the police know this,
wet marihuana molds on the police in the police evidence.

Wet marihuana cannot be kept. Like food, it must either be frozen or
dried/dehydrated to be preserved.

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