People v. Ventura
316 Mich. App. 671
| Mich. Ct. App. | 2016Background
- Grand Rapids police searched Ventura’s home; grow room contained 21 marijuana plants and 22 clone plants.
- Clones described as portions of a mature plant used to start new plants; some clones had root-related evidence visible.
- Other marijuana-related items (scale, bags, grinder, marijuana in purse, seeds) were found; Ventura identified as medical marijuana patient and caregiver.
- Under MMMA, Ventura could possess up to 24 plants; evidence showed he had at least 21 plus clones.
- Trial court counted clone plants as separate plants, totaling 43, exceeding the MMMA limit; Ventura was convicted of possession with intent to deliver and manufacturing.
- On appeal, issues included whether clones are separate plants, whether warrant proof was required under MMMA, and sufficiency of evidence for delivery.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether clone plants count as separate plants under MMMA | Ventura: clones are leaves, not independent plants | Ventura: clones not yet plants; no root formation | Clone roots count as plants; 43 total plants under MMMA>limit |
| Whether warrant supported probable cause despite MMMA defenses | Probable cause may be established without MMMA defenses | Affidavit omitted MMMA status; undermines probable cause | Probable cause affirmed; omissions do not invalidate warrant; good-faith moot point |
| Whether there was sufficient evidence of delivery/intent to deliver | Evidence supports possession with intent to deliver; delivery not strictly required | Seed/stem residues not usable marijuana; insufficient for delivery | Evidence supports possession with intent to deliver; material constitutes marijuana under statute |
Key Cases Cited
- United States v Edge, 989 F.2d 871 (6th Cir. 1993) (root formation provides plant status for federal guidelines)
- State v Schumacher, 136 Idaho 509; 37 P.3d 6 (Idaho App. 2001) (cutting becomes a plant when readily observable root system exists)
- People v Brown, 297 Mich App 670; 825 NW2d 91 (2012) (probable cause does not require MMMA-defenses to be shown)