Does THC-laced food fall under the definition of marijuana?

Most people in Minneapolis know that the state does not have a medical marijuana law, which means that if police find marijuana on you, you will likely be facing criminal charges in Hennepin County. If Minnesota ever decides to pass a medical marijuana law, however, the government is going to have to create clear laws and guidlines for what marijuana is legal and exempt under the law and what is not. Failure to do so could lead to confusion and people who thought they were following the law facing drug charges.

That is apparently what happened in Michigan recently when an appellate court ruled that the only kind of marijuana that someone with a medical marijuana card could have was the actual plant itself. The law was not entirely clear on that matter, however, and the caregiver who was originally arrested had marijuana brownies that were made with a butter enriched with THC, the active ingredient in marijuana.

Although the caregiver argued that the brownies he had would qualify as a “mixture” that contained the marijuana, the appellate court held that it did not constitute “usable” marijuana and, thus, did not qualify. According to the court, only the leaves and flowers of the plant would qualify, but that did not include any kind of extracts.

Fortunately for the man, the court has remanded the case and said that there may be another provision in the medical marijuana law that would exempt him from criminal charges. He and his criminal defense attorney will likely need to make strong arguments that prove the caregiver is exempt.

Source: MLive.com, “Pot brownies not ‘usable’ under Michigan’s medical marijuana law, appeals court rules,” Brian Smith, July 12, 2013

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

Confidential informants may provide integral information to help build criminal investigations, but how reliable is that information when they are receiving payment for their services? To protect them, state law requires the identity of informants be kept confidential. For those facing criminal charges, however, this creates challenges in questioning the accuracy and validity of the information given at trial.
Stay calm and compose after getting accused of a crime but not charged in Minneapolis, MN. Do not discuss the facts of your case with anyone, including your relatives and family members. Hire a criminal defense attorney with a demonstrated record of winning cases like yours. Your attorney will discuss your rights, guide you on how to cooperate with law enforcement within the legal boundaries, and build a solid defense strategy to fight the charges you could face in the future.
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