Only dried pot counts, says Michigan court in overturning conviction

Several years ago, our firm, NEIL ROCKIND, P.C. became the first law firm in Michigan to make arguments in open court regarding the dried marijuana vs. wet marijuana debate. We argued that the police could NOT count wet marijuana when they were calculating the weight, because wet marijuana does not fit the definition provided for within the Medical Marijuana Act, i.e. “dried, usable marijuana.” Several Court held otherwise. Now the Court of Appeals has sided with us. About damned time.

MILLINGTON, Mich. (AP) — The Michigan appeals court has overturned a drug conviction in Tuscola County, saying not all marijuana is equal, especially in a medical marijuana case. Sheriff’s deputies found marijuana in Johnnie Randall’s pickup truck and dozens of plants at a building in Millington, 30 miles northeast of Flint. He was accused of possessing too much pot by weight, despite having a medical marijuana card and permission to grow pot for others. But the appeals court says only a portion of the marijuana was dried and usable. The court says Judge William Caprathe also was wrong to use the weight of leftover stems and stalks. In a 3-0 decision, the court scratched Randall’s conviction this week.

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