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According to the Michigan Supreme Court, THC-infused edibles are not considered “usable marijuana” under state medical marijuana laws unless they contain actual plant material.
Because, you know, THC isn’t useful and doesn’t come from the plant or anything like that.
The decision stems from a 2011 traffic stop in which Earl Chambers was pulled over, searched and slapped with intent to deliver charges for the mason jars and plastic baggies full of herb he had on him as well as for the brownies. Not only was he charged for the dry weight of the dry herb, he was charged with the full weight of the brownies themselves.
Despite having a marijuana card on him and paperwork showing he was a caregiver in the state, Chambers was found guilty of possession and sent to jail for 33 days with three years on probation upon his release.
Seeing those charges as bullshit considering his registered status with the state, Chambers appealed on the fact that he was legally able to possess up to 2.5 ounces of herb not only for himself, but for every patient he cares for. Not only that, but he argued that state medical marijuana laws allow for brownies to count as a mixture of THC.
And that’s when things got tricky. Not wanting to let a marijuana case go, the appeals court flat out denied his argument. They say that Michigan medical marijuana laws are specific in that leaves and flowers are the only “usable parts” of the plant:
“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,'” a judge wrote in the court ruling.
Despite Chambers’s brownies being made from cannabutter (which is made from “usable marihuana”), the court ruled that the brownies themselves were made from THC extract and therefore illegal.
So — as best we can tell — the only way to make brownies legal in Michigan is to bake them with ground up herb.
According to MLive.com, the courts weren’t completely heartless. They did inform Chambers that he couldstill avoid charges by claiming immunity under another part of medical marijuana law in the state that allows for patients and caregivers to possess enough pot to “ensure the uninterrupted availability of marihuana for the purpose of treating or alleviating the patient’s serious or debilitating medical condition or symptoms.” According to MLive.com, that section of the law was not in place at the time of his original trial. Chambers case has been sent back to the original trial court for a hearing on the issue.