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Explaining Some Details in Michigan’s Edible Laws

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[dropcap class=”kp-dropcap”]E[/dropcap]dibles in Michigan are tricky. In theory (and practice), they are better on your lungs, allow you to avoid smelling like a freshly smoked joint and have a more potent, long-lasting effect. The entire world of edibles, or medibles as they’re warmly referred to by patients, is vast and can be quite confusing, especially to those who are new to the scene. Even some veteran tokers stay away, because they know what works for them and have found a way to function and live without them. However, there are many patients that need to medicate, but need an alternative to smoking their cannabis medication.

That’s where edibles and concentrates come in handy. Unfortunately, Michigan’s law surrounding these applications of cannabis is incomplete and confusing. Since there is no clear, defining language to support their usage, patients are lost in a gray area that enables those who enforce the law to crack down unnecessarily hard on those who have no other way of medicating or simply prefer that method. It’s all medicine; it’s just a different delivery system. That’s why advocates have been pressing for a long time to get everything cleared up and officially documented.

Now, what we’re about to say might make you mad, or a bit worried. Even though you have your Michigan Medical Marihuana card, using, possessing, manufacturing or distributing cannabis resin or oil is a crime and most edibles are made with resin or oil. MCL 333.26424, section four states that you are protected, “ . . . provided that the qualifying patient possesses an amount of marihuana that does not exceed 2.5 ounces of usable marihuana . . . ” Useable marihuana, as defined in MCL 333.26423 (k) means, “the dried leaves and flowers of the marihuana plant, and any mixture or preparation thereof.” Meaning, if you possess any amount of cannabis resin or oil, you can be prosecuted because Michigan does not include cannabis resin or oil in the definition of useable cannabis.

The silver lining? If an edible is made with dried leaves or flowers, it’s legal. But even with silver linings, there are other obstacles to consider. Two and a half ounces of usable marihuana, when we’re talking about flower, is quite a bit of cannabis—much more than one person can consume in a short period of time. But when we’re addressing edibles, the entire edible is considered usable marihuana. Keep in mind, a typical two-inch square brownie is around one ounce. That doesn’t allow you to have many brownies at one time. And if you ever got caught, there’s no way for the police to test if it was made with flowers vs. oil or resin, so they’ll probably confiscate it and prosecute you anyway. There have been bills introduced to amend the verbiage in the Michigan Medical Marihuana Act, but so far nothing has passed.

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