The Michigan Medical Marijuana Act (MMMA) and Edibles

Marijuana Chocalate Bar Made With OilThe MMMA was amended in September of 2016 to allow edibles and other substances that are defined as “marijuana infused products.” Prior to this Amendment, the Michigan Court of Appeals had determined through illogical and convoluted reasoning that edibles were not legal as they fell under the category of un-usable marijuana, which could not be possessed. However this Amendment changed all of that.

Now “marijuana infused products” are legal under the MMMA and cover a broad spectrum of marijuana based substances. The Act now defines a marijuana infused product as “a topical formulation, tincture, beverage, edible substance or similar product containing any usable marijuana that is intended for human consumption in a manner other than smoke inhalation.” As a result, patients can use edibles or other marijuana infused products that had previously been deemed illegal to possess or use.

How Much Marijuana Infused Product Can I Possess?

Another change that came along with this Amendment is the amount of a marijuana infused product that can be possessed by a card holder or caregiver. Under the MMMA patients are allowed to possess 2.5 ounces of marijuana and a caregiver can possess 2.5 ounces of marijuana for each of their patients. However, 2.5 ounces of regular medical marijuana now equals 36 ounces of liquid marijuana infused products, 16 ounces of solid marijuana infused product, and 7 grams of gaseous marijuana infused product.

Consequently, patients and caregivers can possess larger quantities of these substances. However, the amount of marijuana infused product possessed will be combined with regular marijuana when counted. This means that

Transportation of Marijuana Infused Products

The Amendment also created restrictions on how patients and caregivers can transport marijuana infused products. As many people know by now, the misdemeanor charge of illegal transportation of medical marijuana has been found to be unconstitutional as of late December 2016. While the transportation of regular marijuana is not restricted, this new amendment (which amends that MMMA) sets up restrictions that must be followed for edibles and other infused products. Any violation of these restrictions can result in a civil fine of not more than $250.00

Patients transporting marijuana infused products must comply with the following:

  • It must be in a sealed and labeled package
  • It must be carried in the trunk, or if there is no trunk it must be carried so as not to be readily accessible form the interior of the vehicle.
  • The label must state the (1) weight in ounces, (2) name of the manufacturer, (3) date of manufacture, (4) name of person it was received from, and (5) the date of the receipt

Caregivers transporting marijuana infused products must comply with the following:

  • Must have an accurate marijuana transportation manifest;
  • The manifest must state (1) weight of product in ounces (2) name and address of the manufacturer, (3) date of the manufacture, (3) destination name and address, (4) destination name and address (5) date and time of departure, (6) estimated date and time of arrival, and (6) if applicable the name and address of the person whom the product was received and date of receipt;
  • It must be in an enclosed case carried in the trunk, if there is no trunk, it must be in an enclosed case carried so as not to be readily accessible form the interior of the vehicle.

If the Caregiver is providing for a patient that is a child, spouse, or parent, the caregiver must comply with the following:

  • It must be in a sealed and labeled package
  • It must be in the trunk of the vehicle, or if there is no trunk, it is located so as not to be readily accessible form the interior of the vehicle.
  • The label must state (1) the weight in ounces, (2) the name of the manufacturer, (30 the date of the manufacture, the name of the qualifying patient, and (4) if applicable the name of the person form whom the marijuana-infused product was received and date of receipt

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