Whew.... law usable 2.5 oz defined as Dried.

Uberknot

Well-Known Member
Well after studying the laws as written.

You can have plants growing and under 2.5 ounces of usable Cannabis.

That part got me for a while as to how you could have plants and medicine at the same time.

(k) “Usable marihuana” means the dried leaves and flowers of the marihuana plant, and any mixture or preparation thereof, but does not include the seeds, stalks, and roots of the plant.

"The dried leaves and flowers" is inclusive meaning leaves and flowers has to be dried and usable as medicine.

Sec. 4. (a) A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana in accordance with this act, provided that the qualifying patient possesses an amount of marihuana that does not exceed 2.5 ounces of usable marihuana, AND, the qualifying patient has not specified that a primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility. Any incidental amount of seeds, stalks, and unusable roots shall also be allowed under state law and shall not be included in this amount.

....

(2) The patient and the patient’s primary caregiver, if any, were collectively in possession of a quantity of marihuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marihuana for the purpose of treating or alleviating the patient’s serious or debilitating medical condition or symptoms of the patient’s serious or debilitating medical condition.

"AND," is implying BOTH and inclusive and allowed as part of the patients medical uninterrupted availability of marihuana .

Simply put Marihuana that is being Cultivated is NOT defined as dried and usable under the medical law.

Until it is Harvested and Dried it is considered a plant of which you can have 12.


Whew... I was thinking how can I grow and smoke it up and have plants growing at the same time for awhile there. Now I know as long as I do not have more than 2.5 oz of harvested dried and usable medicine It says I can have plants growing as well to ensure an uninterrupted supply.

Plants are plants under this law and not considered usable until they are harvested and dried.

I think this is fair because you can lose all your plants to disease, mold, bugs, and other problems.

The main thing would be to know how much dried usable medicine you have and balance that with your harvest plans so you do not go over the 2.5 ounce limit.
 

Uberknot

Well-Known Member
Yup seems like a good law for patients who intend to grow their own medicine for themselves.

What's wrong with it? Since you have to say "REALLY?"

Do you think you need more than 2.5 ounces at one time and 12 plants growing as a patient?


As far as legalization state wide or nation wide that's another topic and one day it might happen.
 

NurseNancy420

Well-Known Member
Yes. I need more than 2.5 ounces and more than 12 plants per patient...

What's wrong with it?
12 plants harvest one.
11 plants and X amount of flower.
Now start a clone or seed?
Now destroy any flower over 2.5 ounces?

MMMA is bad law as it is written and interpreted.
 

Thenoob420

Well-Known Member
If you are the care giver to more than one person would each patient be able to have up to 2.5 oz. I think this is written in a more personal individual, that only grows for themself.
 

Uberknot

Well-Known Member
Actually if you are a care giver you get 2.5 oz total for each patient and 12 plants.

I think that is more than anyone would need.

I would say if you knew how to grow you can get over 2.5 ounces off 3-5 plants and still have the others going for the next crop.

The only thing would be the starting from seed or cloning part and making sure that is timed right.

And yes if you over shoot the 2.5 oz amount the patient uses and have too much you would have to grow less plants. So I can see there would be a learning curve for growing for each person you are a care giver too.

As for someone who is just growing for themselves they would also have to monitor things and understand the amounts allowed right now by the laws.

For me I basically figure I can cycle grow 2-3 female plants total at all times and have plenty.
 
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Uberknot

Well-Known Member
Which State are we talking about, thought states vary with regard to plant numbers?:peace:
I am in the michigan patient forum.... :)

So Michigan laws....

The 12 plant thing I look at like when you are first growing trying to get females and need extra plants because some will be males. I realize some folks will try to push things to the max and the edges....that's where I think you get into trouble.
 

Olive Drab Green

Well-Known Member
Hey, man, it's your balls, so do you. I just know I don't mind accounting for everything I've done, myself, and can effectively explain why in a way that a jury should see my point, and if not, fine. I'll take the hit for it, and I don't mind trying for a pardon, either. I imagine jail's like a mix between the Army and the Mental Ward. What I do know is if I take one more goddamned amphetamine, SSRI, SNRI, NDRI, Tricyclic, First Gen or Second Gen/Atypical Antipsychotic, the next time I snap, someone's liable to get hurt. This is my medicine.
 

Uberknot

Well-Known Member
Anyhow the way I have it figured is with 3 plants blooming always staggered 1-2 weeks apart and harvesting I should have plenty. If I even look like I am going to harvest too much I will smoke my brains out for a few days. :P

This all reminds me of when I was managing 10 tanks breeding Fancy Guppies....you just have to keep things in order and plan.
 

captainmorgan

Well-Known Member
MM was voted in by the people and the rules were written by politicians for law enforcement to persecute the people that use it. The majority of politicians running this state believe in the war on drugs and don't believe in MM. Extracts and concentrates are illegal even tho most medical conditions that could benefit from MM would be best treated with them,certain illnesses require mega doses of concentrates that require much more than 2.5 oz's to make and they keep dispensaries illegal. Instead they force sick people to smoke flowers or break the law. Does any of that sound like the politicians have the best interest of sick people or are they more interested in locking people up in their for profit prison system.
 

tntgreen13

Well-Known Member
Not from Michigan myself, however I would be interested in also know at what point the law considers it "dry and usable as medicine" per say. We all know that when you harvest the plant that the drying and curing process can take time, and based on personal preference can take a considerable amount of time. Is there a way to say, label that portion as being "unusable" and not have it count towards a 2.5 oz total, to help insure a patient doesn't run out of the much needed medicine? Just seems that a patient, growing for ones self, with a dialed in perpetual grow could certainly keep the amounts within legal limits, depending on the interpretation of the law, and precedents set by the courts within the state.

Any information on this idea/concept in regard to your state laws OP?
 

Olive Drab Green

Well-Known Member
Not from Michigan myself, however I would be interested in also know at what point the law considers it "dry and usable as medicine" per say. We all know that when you harvest the plant that the drying and curing process can take time, and based on personal preference can take a considerable amount of time. Is there a way to say, label that portion as being "unusable" and not have it count towards a 2.5 oz total, to help insure a patient doesn't run out of the much needed medicine? Just seems that a patient, growing for ones self, with a dialed in perpetual grow could certainly keep the amounts within legal limits, depending on the interpretation of the law, and precedents set by the courts within the state.

Any information on this idea/concept in regard to your state laws OP?
Great point. Mark this shit down for your defense notes.
 

roundplanet

Well-Known Member
I am in the michigan patient forum.... :)

So Michigan laws....

The 12 plant thing I look at like when you are first growing trying to get females and need extra plants because some will be males. I realize some folks will try to push things to the max and the edges....that's where I think you get into trouble.
Thank You:peace:
 

Uberknot

Well-Known Member
Not from Michigan myself, however I would be interested in also know at what point the law considers it "dry and usable as medicine" per say. We all know that when you harvest the plant that the drying and curing process can take time, and based on personal preference can take a considerable amount of time. Is there a way to say, label that portion as being "unusable" and not have it count towards a 2.5 oz total, to help insure a patient doesn't run out of the much needed medicine? Just seems that a patient, growing for ones self, with a dialed in perpetual grow could certainly keep the amounts within legal limits, depending on the interpretation of the law, and precedents set by the courts within the state.

Any information on this idea/concept in regard to your state laws OP?
Looking up all kinds of Lawyers advice, laws, cases, and rulings atm....these are opinions here.


One said 5-7 days.....In another 4-5 days if using a drying machine...Basically if they think it's dry enough to smoke. Curing jar time does not apply and would be considered under usable in those two opinions.

Here is a lawyers advice.

"The general rule for drying time is 5 – 7 days according to a state expert that testified at a hearing we held. There is no provision in the medical act to allow additional time for curing or trimming. Once dry, the leaves and flowers count towards the 2.5 ounce per patient limitation. The Michigan Court of Appeals just ruled (January 2016) that product that had been put through a drying machine for four days was dry and thus, was "usable marihuana." In our opinion, if product is dry to the touch – the police will consider it "usable."

In Court you would have to prove drying time and smokeable probably so keeping accurate records would help.

The thing is not alot of cases go into this aspect very deeply and most of it is just Opinions / Discussions, but some courts are using them to pass rulings...

The way I look at it is I have to plan my drying medicine as part of my usable period.
 
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Uberknot

Well-Known Member
Here is a question......How much weight loss is there from freshly picked compared to when it is ready to put into jars?

20-30%?

Ohhh in one case they said it was still a plant even though it was dry and had the roots on it and it counted towards the plant total.

More from the same Lawyer...

"Michigan law has no definition on what defines a "plant." The general rule is that a plant is something that has a stalk above the ground level and a simple root system below. We have seen dead plants counted as "plants" by the cops (think about it, the dead plant has a stalk above the ground and a root system in the ground). If your clippings have any roots on them they could likely be considered a "plant." Stalks that have been cut from a mother plant are NOT plants – so long as the stalk does not have roots. These clippings are still considered to be part of the mother plant and their weight is not counted under the MMMA until the leaves and flowers are dry. "

There are a lot of different rulings going on out there still and the laws are not 100% clear enough.

Basically still a lot of making law from the bench and more Supreme Court cases coming....
 
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captainmorgan

Well-Known Member
The laws were written by people looking to lock people up,not to take care of patients. Grow a high CBD plant with only trace amounts of THC and then make oil out of it to treat your condition and you have physical reasons for not wanting to smoke your meds. How many laws could you have broken for medicine that is not even psychoactive?
 
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