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bobandtorey

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This case presents an issue of first impression in Michigan, namely what constitutes a

marijuana plant. More specifically, we must determine at what point does a cutting from a

mature marijuana plant that is placed in “grow material” become a “plant” itself that may be

separately counted as a plant for purposes of determining how many plants defendant had in his

possession.

 

 

hoo boy, this isnt going to be fun.

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This case presents an issue of first impression in Michigan, namely what constitutes amarijuana plant. More specifically, we must determine at what point does a cutting from amature marijuana plant that is placed in “grow material” become a “plant” itself that may beseparately counted as a plant for purposes of determining how many plants defendant had in hispossession.hoo boy, this isnt going to be fun.

Should follow along the lines of what constitutes a viable fetus in the abortion debate and if it's Republicans doing the determination, scientists won't be consulted.

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Terrible opinion to the final claim. They are saying that seeds, stems, and stalks are marijuana because they are not usable marijuana. Section 4 only applies to plants and usable marijuana. You have to use a section 8 for marijuana. It's like carruthers but for seeds, stems, and stalks now. Section 4 is now useless because all flower has stems.

Edited by BirdHunter
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no, section 4 protects any amount of marihuana , 2.5 ounces of usable marihuana, and any incidental amount of seeds, stalks, usuable roots. pls read section 4 again and again.

 

i think i finally understand that unusable roots means roots not growing. usable roots mean roots that are growing.

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GRAND RAPIDS, MICH. - Marijuana cuttings, no matter how small, can be considered a plant if roots are present, the Michigan Court of Appeals ruled in a Kent County case involving a medical marijuana grower busted for having too many plants.

The case involves 38-year-old Lorenzo Ventura, a marijuana caregiver licensed to have up to 24 plants.

Grand Rapids police in May, 2014 raided his home, seizing 21 marijuana plants and 22 “clones.’’ He was charged with delivery/manufacture of marijuana, a four-year felony.

“He is immune from prosecution if he possesses no more than 24 plants,’’ the Court of Appeals wrote.  “What is in dispute is whether the additional 22 clone plants should be considered plants as well.’’

Justices answered that question in a five-page ruling, saying clones constitute plants if roots are present.  

It is a setback to medical marijuana growers who say clones developing in a rooting compound should not be considered plants.

Under Michigan’s Medical Marijuana Act, caregivers can have 12 plants per client with no more than five clients per caregiver. If the caregiver is also a medical marijuana patient, up to 72 plants are permitted.

The Kent County Prosecutor’s Office charged Ventura based on 43 plants found in his home. Without the clones counted against him, Ventura was operating within the law.

Ventura argued the 22 clones yanked from potting material were far too small and undeveloped to constitute a marijuana plant.

Kent County Circuit Court Judge Donald A. Johnston, who presided over the bench trial, disagreed.

“I’m inclined to agree with the detective’s approach of only counting those that had root systems,’’ Johnston said at the time.  “So it seems to me the 22 so-called clones that had root structures and leaves and are green and are alive constitute plants.

“They’re not very big plants and they’re not mature plants, but the statute doesn’t address that. It just says plants,’’ Johnston said.

The Court of Appeals sided with Johnston. They sought guidance from cases out of Idaho and Tennessee which concluded that marijuana cuttings with root cells or root hairs constitute a marijuana plant.

A Grand Rapids officer involved in the Ventura bust testified that the clones he pulled out of growing material “had hair-like fibers growing off the main root, with those fibers visible to the naked eye.’’

Ventura was convicted of the marijuana charges and placed on probation for two years. He was discharged from probation in April.

Today's ruling is the second Appeals Court decision involving a medical marijuana question out of Kent County this year.

In January, a divided Court of Appeals decided that harvested marijuana needs only four days to dry before it can be considered "useable'' under Michigan's Medical Marijuana Act.

Justices upheld the conviction of a licensed Kent County caregiver for having more pot than what's allowed under the state's 2008 Medical Marijuana Act.

 

http://www.wzzm13.com/news/marijuana-seedlings-still-count-as-plants-court-of-appeals-tells-grand-rapids-grower/300809648

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no, section 4 protects any amount of marihuana , 2.5 ounces of usable marihuana, and any incidental amount of seeds, stalks, usuable roots. pls read section 4 again and again.

 

i think i finally understand that unusable roots means roots not growing. usable roots mean roots that are growing.

How do you tell the difference?

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I now wonder of cultured roots flourishing in tiny tubes......they are alive by any standards, but there are no leaves, stems, stalks attached.

would each test tube be considered one plant, or a plant at all? or just weighed as cannabis or ignored completely by a court.

 

I'm able to keep a cleaned (bleached)  misted/fed cutting in my crisper drawer for weeks at a time before traditional dipnclone.  I'll shave the hairs as they appear in the fridge now dangit.

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Somewhere, even as the courts in Michigan are splitting root hairs, nice folks are lining up for the 8am opening of a West Coast retail cannabis shop.

 

When the doors open, they'll walk in, browse the shops offerings, make their choices, and walk out of the store with their purchases.

 

The clerks will laugh and shake their heads in disbelief if a customer from say, Michigan asks if a locked container is required for transport of the dangerous plant and its flowers.

 

Those same customers might even be further flabbergasted to find upon leaving the shop with their purchases a passing Portlandia cop might recognize their unease and.........wave with a smile.

 

Somewhere the sun can be shining and things can be normal. Somewhere else the mighty Casey continues to strike out.

Edited by outsideinthecold
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Unfortunately, I don't see how this guy is splitting hairs/roots here.  Was it just a day or 2 later would he then accept the charges?  Even if they weren't developed enough, he was developing them.   I mean if it has a leaf and roots, it is a plant in my eyes.  And a good caregiver should be able to produce enough for 2 people growing 2 plants a month, so 4 flower, 4 veg, 4 clone is 12, leaving 12 for mothers, testers, etc.

 

Our law, while doesn't say it, is like Nevada, Twelve (12) marijuana plants, irrespective of whether the plants are mature or immature.  I would hate for this to bite us and make it like Vermont, where you can have 2 mature and 7 immature.  That would be a lot worse.

 

Now, please note, no one should be in jail over a nonviolent offense like this for Cannabis... So while I don't agree with Mr Ventura, if I were on the jury I would acquit via jury nullification.

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