You Can Use Medical Marijuana While On Probation In Michigan
Before February 11th, 2021, it would have been legal for the court to stop you from using medical marijuana while on probation in Michigan. However, The Michigan Court of Appeal concluded that it is illegal for one to be denied their right to use medical marijuana while on probation so long as the individual adheres to the Medical Marijuana Act (MMMA) rules. The case was between The State of Michigan and Michael Eugene Thue (People v. Thue, COA 353978 (2021). So let’s get into the details of the case and why it’s important.
What Was The Backstory?
Michael Eugene Thue pled guilty to assault and battery charges in 2019 and was sentenced to one year of probation by the circuit court. One of the conditions of probation was that Michael was not to use marijuana, including medical marijuana. At the time, he had a valid medical marijuana card. At one point in the circuit court’s hearing, Thue’s lawyer recalled one of the prosecutors equated allowing a person to use medical marijuana on probation with letting people drink alcohol while on probation for drunk driving.
He filed a motion to modify the terms of the probation in the district court. He wanted to be allowed to use medical marijuana while still on probation, but the district court denied his motion stating that they were “bound by the Circuit’s Court Decision.” Thue appealed the decision in the Court of Appeal.
What Were The Views Of The Court of Appeal On The Matter?
In allowing the appeal, the court noted that any probation terms that prohibit the use of medical marijuana in compliance with the Michigan Medical Marijuana Law are unenforceable and illegal. They quoted MCL 333.26424(a), which stated in part that,
“A qualifying patient who has been issued and possesses a registry identification card is not subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marijuana in accordance with this act.”
However, they did acknowledge that the Probation Act does, and legally so, allow for the prohibition of the recreational use of marijuana and the use of marijuana in violation of the Michigan Medical Marijuana Laws.
This Is Not An Automatic Pass For Marijuana Patients.
It is still illegal to drive under the influence of marijuana in Michigan regardless of whether one has a valid marijuana card. However, having THC in your blood does not automatically qualify you to the status of driving under the influence. If you find yourself in such a fix, contact Shawn at The Criminal Defense Law Center of West Michigan now at 616-438-6719. Let Shawn help you get the best results possible. Our work is to ensure that your legal rights are respected and protected! We have over 25 years of experience winning in all courts throughout Grand Rapids, Michigan!