Recently, a federal class action lawsuit filed with the U.S. District Court for the Eastern District of Michigan, Detroit Division against Michigan State Police crime labs claimed that Fourth Amendment rights and due process are violated by the current marijuana reporting policy.
According to news reports, the lawsuit would directly impact anyone caught with marijuana in the state, along with about 180,000 medical marijuana patients who are registered. Attorneys who filed the suit said that the MSP crime labs, in conjunction with the Oakland County Sheriff’s Dept. and Prosecuting Attorneys Association of Michigan misreport marijuana as synthetic, and do so intentionally. The lawsuit also alleges that the marijuana policy which was written in 2013 was designed in an attempt to “strip medical marijuana patients of their rights and immunities, charge or threaten to charge citizens with greater crimes than they might have committed, obtain plea deals and increase proceeds from drug forfeiture.”
This basically stems from a lab policy instructing MSP crime lab techs to treat all TCH (the active ingredient in marijuana) as synthetic when not 100% certain it originates from a plant. While it may not sound like much, it is according to Michigan law. Essentially, individuals who are accused of manufacturing or selling synthetic THC or cannabis will face criminal charges that are far more serious than those accused of producing or selling cannabis grown as a plant.