You may be a probationary in Michigan and have questions about medical marijuana use during probation. Although the state’s 2004 approved medical marijuana policy was passed by voters, it took 12 years for courts to recognize its protections. Michael Komorn successfully argued for Michael Thue who was sentenced after pleading guilty in road rage assault. Although he was granted a state registration card, he was still not permitted to use his medical card on probation Michigan.
Recently, the Michigan Court of Appeals ruled that medical marijuana can be used during probation. People v. Thue was decided by the judge. The individual was required to follow the rules and regulations set forth in the medical marijuana act. The MMMA was also not considered a hindrance in Thue’s probation, according to the court. The court also noted that Thue’s probation was not affected by the MMMA ruling. Recreational marijuana use was legalized in Michigan in 2018.
It is difficult to answer the question of Medical Marijuana use during Probate. There are several laws in Michigan that regulate drug use during probation. You could be charged with violating probation if you are caught using Marijuana while on probation. You can overcome the prohibition with a persuasive motion. It may be difficult to convince a judge that medical marijuana is allowed.
Michigan judges have different policies regarding medical marijuana. Some judges are strict against medical marijuana, while others are more open to it. It may be worthwhile speaking with an attorney familiar with local judges to determine the judge’s decision. A Michigan medical marijuana card suffices to prove that you need it. Some judges may require doctors to provide evidence of medical marijuana use and cross-examine the patients. Even if you possess a medical marijuana card it might not be enough for a judge to allow you to use marijuana while on probation.
Thue filed a motion to the Michigan Court of Appeals asking the judge to allow Thue to use medical marijuana while he is on probation. The MMMA’s terms are considered serious violations if medical marijuana is used during probation. For marijuana violations, jail time and probation revocation are serious penalties. Thue moved to have the penalty revoked and jail time imposed because of violations of the MMMA guarantees.
You may be able to use medical marijuana to get out of jail or reduce your sentence if you are on probation for drug crimes. Most judges won’t allow medical marijuana use during probation. Talking to a criminal defense attorney who has successfully advocated for medical marijuana during probation is the best way to avoid this. They can assist you in determining your options.
The courts have finally recognized the state’s 2008 Medical Marijuana Act. This law has been in existence for more than a decade and is finally being recognized by the courts. This applies to parolees and probationers. This law, despite the uncertainty, will allow many people to get their medical marijuana treatment on track. It’s a win for patients and a significant step forward for Michigan’s legal system.
