GRAND RAPIDS, MICH. - Marijuana cuttings, no matter how small, can be considered a plant if roots are present, the Michigan Court of Appeals ruled in a Kent County case involving a medical marijuana grower busted for having too many plants.
The case involves 38-year-old Lorenzo Ventura, a marijuana caregiver licensed to have up to 24 plants.
Grand Rapids police in May, 2014 raided his home, seizing 21 marijuana plants and 22 “clones.’’ He was charged with delivery/manufacture of marijuana, a four-year felony.
"He is immune from prosecution if he possesses no more than 24 plants," the Court of Appeals wrote. “What is in dispute is whether the additional 22 clone plants should be considered plants as well."
Justices answered that question in a five-page ruling, saying clones constitute plants if roots are present.
