In a case in New Baltimore, MI (not handled by Neil Rockind, P.C.), Judge Hackel released an opinion approximately 3 weeks ago that, if it’s upheld on appeal, will severely limit the possession of medical marijuana edibles.
You can read the opinion HERE
In short, Judge Hackel held that law enforcement can weigh the ENTIRE edible (brownie, rice krispy treat, etc.) when attempting to determine the total weight of the medical marijuana in issue. In other words, if you start with 2.5 ounces of medical marijuana, but you bake that marijuana into cookies equaling 20 ounces in total – then you are on the hook for 20 ounces of medical marijuana – and thus would not be covered by the protections of the Medical Marijuana Act.
In my opinion, based on Judge Hackel’s previous medical marijuana rulings, I believe that Judge Hackel did NOT want to rule this way – I think he believed that he had no choice (based on the use of the word “mixture” within the Act and the ordinary definition for “mixture”).
However, I don’t think that Judge Hackel took into account that the Medical Marijuana Act is a citizen initiative and is thus supposed to be “interpreted liberally” to construe the meaning behind the intent of the original voters. In fact, in his opinion, Judge Hackel goes so far as to state that he doesn’t think that the rationale behind his opinion was what was intended by the voters. This should have been enough for Judge Hackel to rule opposite. But he didnt. And now the Medical Marijuana community is left with another opinion that severely restricts their use of a substance that is supposed to be legal for medical use.
Interestingly, this opinion seems to suggest that the electorate intended and would rather that people inhale their medication – as opposed to consuming their medication. Which doesn’t make sense, given that one of the arguments against medical marijuana in the first place was that the smoke is dangerous to a person’s body.
The war against medical marijuana in Michigan continues…