Michigan Supreme Court asked to decide fate of “medibles”

Sep 7, 2013

A medical marijuana cardholder has appealed a drug possession conviction to the Michigan Supreme Court. The appeal seeks clarification on how the law views putting marijuana or its active ingredient into baked goods.

   Earl Caruthers hopes the state’s highest court will reverse the Michigan Court of Appeals in his case.  He was stopped with some THC-laced brownies in the back of his car. He also had some pot in plastic bags, and was driving on a suspended license. But he’s only challenging a conviction related to the brownies.

   The Oakland County Circuit Court allowed the prosecutor to use the entire weight of the brownies as evidence that Carruthers possessed more than the two and a half ounces allowed under the state’s medical marijuana law.

Carruthers says that’s not what voters intended when they adopted the medical marijuana law in 2008. He says that interpretation would essentially outlaw so-called “medibles.” He says not everyone can, should, or wants to smoke marijuana that they’re otherwise legally entitled to use.

He says authorities should figure out how to separate the marijuana or marijuana resin from the rest of the ingredients, or drop the charges.

“By placing the ease of prosecution over the rights of patients, the Court of Appeals erred,” says the filing with the Supreme Court.

   The prosecutor will have a chance to file response before the Supreme Court decides whether to take the case.