People of Michigan v. Alenna Marie Rocafort, 321804

Defendant (Alenna Rocafort) was convicted by a jury of unlawful manufacture of marijuana, possession with intent to deliver, and maintaining a drug house; sentenced to 24 months’ probation.
On initial appeal this Court affirmed; the Michigan Supreme Court remanded for reconsideration in light of People v Manuel.
At the time police seized the marijuana, defendant had harvested plants and placed leaves in canisters to dry; the trial court found the material "largely dried" but still required another day or two of drying.
The seized material weighed nearly six pounds in its largely-dried state; the MMMA entitles a qualifying patient/primary caregiver to possess up to 15 ounces of "usable" marijuana, defined as the dried leaves.
The factual dispute focused on whether marijuana still in the drying process qualifies as "usable" marijuana for MMMA immunity purposes.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether marijuana seized while drying constitutes "usable" marijuana under the MMMA	Marijuana in its largely-dried state is usable and exceeds MMMA limits, supporting prosecution	Material still in the drying process is not "usable" marijuana and defendant is entitled to MMMA §4 immunity	Court held drying-stage marijuana is not "usable"; defendant entitled to immunity and charges must be dismissed

People v Manuel, 319 Mich. App. 291 (Mich. Ct. App. 2017) (held marijuana still undergoing drying is not "usable" under the MMMA and defendant entitled to §4 immunity)
People v Carruthers, 301 Mich. App. 590 (Mich. Ct. App. 2013) (addressed whether marijuana-infused edibles constituted "usable" marijuana; distinguished in remand order)