How Long After Harvest is Medical Marijuana Considered 'Useable' in Michigan ?

Donnybrook

Well-Known Member
How Long After Harvest Is Medical Marijuana Considered To Be ‘Useable’ In Michigan?
by Johnny Green





How long after harvest is medical marijuana considered to be ‘useable’ in the State of Michigan? That’s a question that the Michigan Appeals Court had to answer recently. The question arose out of a case that started with a raid in Michigan in 2012. During the raid, cops confiscated 5.6 pounds of marijuana from Alenna Marie Rocafort. Her attorney argued that the weight was inflated because the marijuana was just harvested four days prior, and therefore wasn’t ‘useable.’ The Michigan Court of Appeals disagreed, and in a 2-1 ruling determined that the marijuana was indeed useable. Per WZZM13:

“There was no dispute that the marijuana had been drying for four days when it was seized,” they wrote. “The lower court judge was not wrong in concluding the seized marijuana was dried, and thus usable under the MMMA.”

In a two-page dissent, Stephens said the evidence did not establish that the 5.6 pounds of marijuana was “dried leaves and flowers.”

“There is a difference between what the Legislature has termed marijuana and useable marijuana,” she wrote. “Testimony differed as to the amount of days required for the marijuana to be dried.

“I acknowledge the difficulty in determining ‘dried marijuana’ when even so-called completely dried marijuana contains 10 percent moisture, but I would also call upon the Legislature for clarification,” Stephens urged.

There is no ‘one size fits all’ time frame for how long it takes marijuana to dry. There are a number of factors that determine the drying rate of a harvest of marijuana. For starters, how big are the buds? Bigger buds take longer to dry. Were the buds cut from the plant and then dried, or was the plant chopped down and hung upside down? The later takes much longer to dry. What was the temperature of the room the marijuana was being dried in? What was the humidity level? How much air was being blown around by the fans? Were there even fans? There’s a lot of factors at play, so to say that one standard applies across the board is a claim that is not based in science, and in the case of Ms. Rocafort, it’s also not based on compassion.
 

st0wandgrow

Well-Known Member
The whole thing is stupid. Some arbitrary number that could cost you your freedom. The other thing to consider is that it's a PLANT, and it's impossible to grow exactly the amount you're allowed to have, and it's impossible to know exactly how much you have until it's fully dried and trimmed.

Having said that, I would guess that she was over her limit either way. 5.6 lbs of 4 day dried weed isn't going to end up being less than a lb when it's all said and done I'm afraid.
 

TheMan13

Well-Known Member
So allowing a three month cure of a patients medicine to allow the chlorophyll to convert to sugar is now somehow a felony simply because some lawyers and judges getting into a costly private elitist debate over parsing the word "dry" at the tax payers expense? Fucking ridiculous at best, just as their extracts "opinion", but fucking criminal how they can somehow repeated find medical marijuana criminal in relation to their for profit criminal prohibition scheme. The reality of the matter is that marijuana simply cannot be both a Schedule I Controlled Substance and a patients medicine, the legal definition is not interchangeable based upon some arbitrary numbers and definitions. How has the past 50 years of this criminal prohibition crusade of relying on lawyers, judges and the Justice Department to deal with our "drug problem" served this nation, no less the sovereign nations to our south?

 
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passmethelid

Well-Known Member
Having said that, I would guess that she was over her limit either way. 5.6 lbs of 4 day dried weed isn't going to end up being less than a lb when it's all said and done I'm afraid.
she was allowed to have the full 15oz (16 oz is 1 pound) so it wouldve been pretty close.

but anyway, the police are not allowed to tamper (dry) evidence to make a crime out of thin air.
 

GregS

Well-Known Member
Under sec. 4, with registration, as long as it is the dried leaves and flowers of the plant, or any mixture or preparation thereof, but does not include stems, roots, or incidental seeds she is permitted 2.5 oz for anyone whom she is acting as caregiver for. Under sec. 8, the affirmative defense, an amount not more than necessary to provide an uninterrupted supply is permitted. There was a case in I think Tuscola County a few years ago where a defendant got off with something like fourteen pounds of freshly cut plants, and the court ruled that the prosecution cannot play guessing games with the amount of finished product to expect. Michael Kormon represented him.

You might want to pass this around: http://michiganmedicalmarijuana.org/blog/584/entry-1163-added-evidentiary-protection-with-or-without-registration/
 

ryan1918

Well-Known Member
Yeah I've seen that, it's been crazy in michigan but most of the things have been a good thing for us patients here.
 

3squared

Well-Known Member
Lets be realistic about this.

If law enforcement want to take someone down, they are going to take them down. Next to nothing in the law will protect you when law enforcement know what to do and say to ensure any charges filed stick.

I've watched 2 great dispensaries raided and shut down while the 3rd in the area, run by the scum of scum and known for illegal drug sales go untouched and still open. So there is no rhyme or reason to what happens, it just happens.
 

passmethelid

Well-Known Member
Have you ever grown or dried pot before man? Your math is way off.
sorry i never weigh my stuff. but according to the internet
https://www.icmag.com/ic/showthread.php?t=86458

theres about 50-80% weight loss when drying cannabis.

my point was that police cant trim cannabis, they cant weigh stems, they cant cut buds off of stems, they cant weigh roots or anything with a seed. at least here in michigan.

5 pounds wet x 25% = 1.25 pounds dry.
 

ryan1918

Well-Known Member
Lets be realistic about this.

If law enforcement want to take someone down, they are going to take them down. Next to nothing in the law will protect you when law enforcement know what to do and say to ensure any charges filed stick.

I've watched 2 great dispensaries raided and shut down while the 3rd in the area, run by the scum of scum and known for illegal drug sales go untouched and still open. So there is no rhyme or reason to what happens, it just happens.
I agree with him, if they want you bad enough they will find some bullshit to get you on, or keep harassing you to the point you leave or end up in prison.
 

phaquetoo

Well-Known Member
They are also not allowed to arrest you! Does that mean they dont?

5.6 lbs that have dried for 4 days and are dry to the touch is most def going to be counted as weight, More growers dont cure than do, as soon as they dry their buddz on the drying nets or hanging them they get it out to their pt's and who ever else they must be supplying,

I would love to be allowed enough meds so my pt's have an uninterupted supply for all of their pt's, You know there would be people growing out doors and trying to get enough for the whole yr for their pts, and calling it enough to keep and uninterupted supply of meds! They may as well take that part out of the law, they dont let people have more than their MI lbs = 15 oz's dried! when po po finds 5 lb's they have no choice to think it is more than for their qualified registered pt's thru lara! I have not seen a court case win that had that much usable! If I missed something please link it in here!

Act like it is ilegal untill it is all out legal!

Peace
 
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