Does A Marijuana Roach Count For Weight Allowance?

I’ve been asked whether a marijuana roach counts in the weight allowance under the Michigan Medical Marijuana Act.

A marijuana roach is the unsmoked, left-over end of a marijuana joint, blunt, or cigarette. And, yes, marijuana roaches contain useable marijuana that can be smoked and do count towards the weight allowance under the Michigan Medical Marijuana Act. That’s why marijuana smokers save the roaches, right? If there isn’t any useable marijuana in the roach, why save it? Why not just throw it in the trash or flush it?

Under the Michigan Medical Marijuana Act, MCL 333.26421, a qualifying patient may possess up to 2.5 ounces of useable marijuana or useable marijuana equivalent and up to 12 plants. A primary caregiver can possess up to 2.5 ounces of useable marijuana or useable marijuana equivalent and 12 plants for each registered qualifying patient. So, a caregiver can possess up to 15 ounces of useable marijuana or useable marijuana equivalent and 72 plants, which includes useable marijuana and useable marijuana equivalent and plants for the caregiver and for the caregiver’s five patients.

The term “useable marijuana equivalent” is a legal term of art that the Michigan Legislature used to incorporate edibles and marijuana-infused products into the law. Weights for edibles and marijuana-infused products are as follows: 16 ounces in solid form, 7 grams in gaseous form, and 36 fluid ounces in liquid form. For example, 16 ounces of marijuana-infused brownies counts as 2.5 ounces of useable marijuana. Likewise, 36 fluid ounces of marijuana oil counts as 2.5 ounces of useable marijuana.

Be careful with your marijuana weights. I’ve had cases where police sweep into a pile the dried-up, left-over leaves on the floor of a grow operation. Police then weigh the pile and count it in the weight allowance. We’re talking about the dead marijuana leaves on the dirty floor and hidden in the corners of a grow operation.

My advice is always have one less plant and one-half less ounce than you are permitted to possess, and keep your facilities clean.

Jeff and Kymberly Schroder are criminal defense attorneys with more than 30 years combined experience in handling crimes involving marijuana. If you have questions about your rights under the Michigan Medical Marijuana Act, or if you have been charged with a crime involving marijuana, we will be more than happy to speak with you about your question or your case.

Jeffrey M. Schroder

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