Should Any "Medibles" Be Off-Limits to Medical-Marijuana Users?

Categories: Morning Poll
some-sort-of-marijuana.jpg
eggrole via Flickr


In this week's cover story, Ray Stern reports on certain preparations of marijuana that some prosecutors think is still illegal for dispensaries and medical-marijuana users.

It seems strange, since the voter-approved Medical Marijuana Act allows patients to possess marijuana buds and "any mixture or preparation thereof."

See also:
-Medical-Pot Edibles Are Legal, but Prosecutors and Cops Aren't Backing Off
-Phoenix Police: "Medibles" Will Be Tested for Extracts

Some Debbie Downers, however, are pointing to an archaic law they say makes some preparations of marijuana illegal.

From Stern's story:
In 2011, though, cops and prosecutors took another look at the Arizona criminal code and found a loophole for themselves: Another statute, this one decades old, defines a "narcotic" called "cannabis" as the "resin extracted" from any part of the plant and "every compound, manufacture, salt, derivative, mixture, or preparation of such resin of tetrahydrocannabinol [THC]."

It's an inaccurate definition, experts agree. For one thing, where it says "cannabis," it probably meant "hashish." Regardless, the new law seems to allow extracts with its "any mixture or preparation thereof" clause and arguably should trump the old law.
With direction from the Maricopa County Attorney's Office, Phoenix police confirmed yesterday that they're prepared to use a crime lab to test "medibles" to see if they have any of this allegedly illegal resin in there, Stern reported yesterday.

It seems pretty clear from the Medical Marijuana Act that "any mixture or preparation thereof" means, you know, any mixture or preparation thereof.

What do you think? Should any type of "medible" product be off-limits to patients or producers?

Cast your vote below:


Send feedback and tips to the author.
Follow Matthew Hendley on Twitter at @MatthewHendley.


My Voice Nation Help
6 comments
Phil
Phil

CHAPTER 28.1

ARIZONA MEDICAL MARIJUANA ACT

36-2801. Definitions 

15. “USABLE MARIJUANA” MEANS THE DRIED FLOWERS OF THE MARIJUANA PLANT, AND ANY MIXTURE OR PREPARATION THEREOF, BUT DOES NOT INCLUDE THE SEEDS, STALKS AND ROOTS OF THE PLANT AND DOES NOT INCLUDE THE WEIGHT OF ANY NON-MARIJUANA INGREDIENTS COMBINED WITH MARIJUANA AND PREPARED FOR CONSUMPTION AS FOOD OR DRINK.


I'd LOVE to know how the Phoenix PD plans to test to see if usable marijuana or the dreaded 'illegal' extract was used preparing 'food or drink'. Gas or Liquid chromatography is what any laboratory would use to test any sample for the presence of marijuana or any extract, which would actually only be testing for THC - since they both contain the exact same thing.

Phoenix PD and Bill Montgomery couldn't look any more stupid or ignorant on this subject if they tried.

ZZardozz
ZZardozz

If they do that, nobody will be able to smell it, and would have nothing to complain about.  They don't want that.   They want to lecture us about the evil of "smoked marijuana".   With people using edibles, they won't be able to do that.  Get it?

eric.nelson745
eric.nelson745 topcommenter

Show this poll to Sgt Steve Martos and ask him, "what part of 'any mixture or preparation thereof' don't you understand?" Hehe.

Flyer9753
Flyer9753 topcommenter

@eric.nelson745 

Great idea, but make sure whoever does it brings a dictionary... for both Martos (who unfortunately has no choice per MCAO) and MCAO

Now Trending

Around The Web

From the Vault

 

Loading...