Only dried marijuana counts, says appeals court

MILLINGTON – The Michigan appeals court has overturned a drug conviction in Tuscola County, saying not all marijuana is equal, especially in a medical marijuana case.

Sheriff’s deputies found marijuana in Johnnie Randall’s pickup truck and dozens of plants at a building in Millington, 30 miles northeast of Flint. He was accused of possessing too much pot by weight, despite having a medical marijuana card and permission to grow pot for others.

But the appeals court says only a portion of the marijuana was dried and usable. The court says Judge William Caprathe also was wrong to use the weight of leftover stems and stalks.

In a 3-0 decision, the court scratched Randall’s conviction this week.