People v. Bosca, Michigan Court of Appeals Decided March 26, 2015

Investigating a robbery, Sterling Heights Detectives discovered 1.27 pounds of marijuana and 78 marijuana plants. During trial the Defendant called a witness that testified that the majority of the plants and marijuana showed evidence of mold, spider mites, and eggs. Based upon that infestation it was unlikely that the marijuana was usable. Defendant argued that considering the damages plants and that some of the marijuana was uncured, the Defendant caregiver was in possession of marijuana not in excess of that allowed by Sec 4 of the MMMA. The jury rejected that argument and found the defendant guilty manufacturing and delivery of marijuana. The court did not disturb the jury’s determination of the credibility of the evidence and found that sufficient evidence supported the convictions. Importantly, The court did not find, however, that the defense that the marijuana was not usable due to infestation was not a legitimate defense.