Are Medibles And/or Cannabis Oil Covered In Our Act?

[trichcycler]

Might be some misunderstandings with this one, be good to clear them up here.

 

dispensaries are NEVER charged for the oil or the medibles they possess for thought.

 

If I put ground up flowers in mine they ARE legal and covered.

 

If I chemically crystalized cannabis oil it would NOT be covered.

 

might be some legal room for medibles and cannabis oil?

 

opinions are greatly appreciated, both sides' pop up occasionally here.

[Restorium2]

The skinny;

 

Some prosecutors will definitely take the COA opinion that because resin was left out of the definition of usable to mean that oil, and even marijuana butter, is illegal. 

 

It needs to go to the Michigan Supreme Court for a more accurate answer.

[t-pain]

page 9 of carruthers says this:

Our interpretation also does not preclude the medical use of marijuana by ingestion of

edible products; 9 to the contrary, that use is authorized by the MMMA, within the statutory

limitations, provided that the edible product 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. MCL 333.26423(k).

[Restorium2]

rather than of the more potent THC that is extracted

 

This would mean to some prosecutors any butter or oil that is more potent than leaves or buds, which would be all of it. They would conclude that you could toss some leaves and flowers in your cookies but not the more potent butter or oil. That's how they wanted it, restrictive. As restrictive as can be and then some. Any prosecutor that wants to take that ball and run with it can. 

[t-pain]

prosecutors havent ran with it though. a few, one or two cases, here or there, otherwise carruthers has been seen to be a very bad coa opinion that is useless in court. aside from the weight issue, which most of us should agree that 2.5 oz of brownie is all you get...

 

you can see they went in a different direction, skipping edibles, and trying to criminalize oils under the synthetic laws.

[Restorium2]

prosecutors havent ran with it though. a few, one or two cases, here or there, otherwise carruthers has been seen to be a very bad coa opinion that is useless in court. aside from the weight issue, which most of us should agree that 2.5 oz of brownie is all you get...

 

you can see they went in a different direction, skipping edibles, and trying to criminalize oils under the synthetic laws.

That's what determines the proper advice here on the site. If there's even one then the advice must match that one. You have to manage your advice to include the less likely along with the most likely. 

[Restorium2]

The skinny;

 

Some prosecutors will definitely take the COA opinion that because resin was left out of the definition of usable to mean that oil, and even marijuana butter, is illegal. 

 

It needs to go to the Michigan Supreme Court for a more accurate answer.

[t-pain]

well then my advice is marijuana is illegal under michigan law (depending on how you read 333.8109) and federal law and you should not touch it or the plants, until these laws are changed.

[Restorium2]

 which most of us should agree that 2.5 oz of brownie is all you get...

 

You have to look at it through the eyes of a prohibitionist too. The prohibitionist drags his feet. He would think that it's possible that the brownie was made using more than 2.5 ounces of cannabis. It's possible.

[Restorium2]

well then my advice is marijuana is illegal under michigan law (depending on how you read 333.8109) and federal law and you should not touch it or the plants, until these laws are changed.

That's like a silly tantrum t. Not helping anyone.

[Restorium2]

which most of us should agree that 2.5 oz of brownie is all you get...

 

The thing about leaving it at this is someone is going to be overconfident and admit it's a medible cookie/brownie when they could have been a little more stealth and got away with it. 

[Wild Bill]

So, is the COA saying oil is ok as long as you don't extract THC from it and use that?

[t-pain]

That's like a silly tantrum t. Not helping anyone.

it is 100% accurate. by entering and participating in the mmma program with marijuana you are risking all kinds of criminal charges. many patients and caregivers have been arrested and/or fined. some patients have had their children taken away, lost their jobs, gone to jail, are currently serving long federal jail terms, lost their property, lost their houses, lost their bank accounts.

 

this is all truth resto. truth hurts.

 

its in reply to this tidbit of yours

That's what determines the proper advice here on the site. If there's even one then the advice must match that one. You have to manage your advice to include the less likely along with the most likely.

so its your own words against you resto.

 

i'm sorry, when i argue with someone i like to turn their own words against them. its a curse.

[Restorium2]

So, is the COA saying oil is ok as long as you don't extract THC from it and use that?

Nope. They say only usable plant material is legal. Nothing condensed or stronger.

[Restorium2]

You can take that to the bank. Be stealthy with the rest or you may be sorry you were not.

[t-pain]

So, is the COA saying oil is ok as long as you don't extract THC from it and use that?

the coa is saying dont use the term "resin" because "resin from the stalks" is defined in MCL 333.7106

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

 

Marihuana 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 from those stalks

 

and because "usable marihuana" under the act excludes stalks.

 

also the coa is stupid.

[Restorium2]

so its your own words against you resto.

 

I believe I managed my advice to maximize the good it can do for all involved.

[Wild Bill]

"rather than of the more potent THC that is extracted from

marijuana resin. MCL 333.26423(k)."

 

It looks like they speak specifically of THC extracted from resin, not the resin itself.

[cristinew]

The oil is ok as long as you do not mix it with food and the oil is from stalks ,  Food is ok as long as its made with dried leaves and flowers???

[Smallbiz]

If oil isn't legal then why are these prosecutors charging people with "synthetic" marijuana. I think if BHO was illegal they wouldn't have to come up with fake charges to charge people with BHO.

[Restorium2]

If oil isn't legal then why are these prosecutors charging people with "synthetic" marijuana. I think if BHO was illegal they wouldn't have to come up with fake charges to charge people with BHO.

Would have to look at the specifics of the case. Following what you are saying people are getting charged for it. Stories about people not getting charged would be a better way to tell if it's a safe avenue.

[williams2311]

I just look at it as its all illegal and you should count your blessings if you get caught up and cop lets you go and you never have to see a judge. I have my card but I still feel its illegal.

[Smallbiz]

I just look at it as its all illegal and you should count your blessings if you get caught up and cop lets you go and you never have to see a judge. I have my card but I still feel its illegal.

That's how I feel also, the topic was illegal vs. legal thought I'd play along.

[garyfisher]

333.26423 Definitions.

(k) "Usable marihuana" means the dried leaves and flowers of the marihuana plant, and any mixture or preparation thereof
 

[zachw]

 

333.26423 Definitions.

(k) "Usable marihuana" means the dried leaves and flowers of the marihuana plant, and any mixture or preparation thereof

 

 

 

Yep, and that's why the Max Lorincz case - where it was publicized that the State Police directed the forensics lab to claim that a cannabis extract was "synthetic" - was dismissed.