Michigan Court Says Pot Brownies are Not Medical Marijuana

Michigan medical marijuana users shouldn’t take the term “baked” literally.

According to a recent case in the Michigan Court of Appeals, foods, like brownies, containing THC are not considered “usable marijuana” under state law. This ruling stems from a 2011 traffic stop in which Earl Cantrell Chambers was charged with possession of marijuana with intent to deliver after police discovered individually wrapped medical marijuana weighted pot brownies while conducting a search of his vehicle.

Yet, when Chambers was arrested, he was able to provide authorities with a medical marijuana identification card, a caregiver certificate and proof he was working with four patients. Not that it did him any good, as he ended up being convicted and sentenced to over a month in jail and three years probation.

Chambers’ attorney filed an appeal on the grounds that patients are protected against prosecution if they are in possession of no more than 2.5 ounces of “usable marijuana,” and that prosecutors should have not been permitted to use the total weight of each brownie against his client.

However, the appeals court found that pot brownies were not considered “usable marijuana” because the state law defines the term as the leaves and flowers of the cannabis plant – not the THC.

"Consequently, an edible made with THC extracted from resin is excluded from the definition of 'usable marihuana.' Rather, under the plain language of the MMMA, the only 'mixture or preparation' that falls within the definition of 'usable marihuana' is a 'mixture or preparation' of 'the dried leaves and flowers of the marihuana plant,'" the court suggested.

The court did find that Chambers may be able to claim immunity under a different statute of the law, which could lead to the complete dismissal of the case.