It depends. This is a common question I’m asked when a person is facing probation.
Probation is a period of time following a conviction where a judge will set up requirements and prohibitions for the person convicted of a crime.
All Judges Are Different
What happens on probation is ultimately up to the judge, and all judges are different.
Some judges will allow medical marijuana use on probation without question if you have a valid card. Other judges may allow medical marijuana use, but requires a person to obtain a doctor’s note explaining the reason for marijuana use.
One gray area is where a person committed a crime but only obtained the valid card after the offense and before going to court. In this situation, the person’s ability to argue for the necessity of medical marijuana use may not as strong as is the card was obtained prior to the offense.
Other judges will not entertain the notion of medical marijuana. Some judges believe medical marijuana should not exist. Their belief is that medical marijuana is just a way people have gotten around the law to use marijuana.
It also depends on the offense. Continued use of medical marijuana after a conviction for driving under the influence of marijuana, controlled substance, or alcohol may be more difficult than after a conviction for a non-drug related offense such as retail fraud or embezzlement.
Is there a Legal Right to Use Medical Marijuana on Probation?
No, there has not been any established law that gives anyone the right to use medical marijuana on probation. In fact, there is at least one Court of Appeals decision declining to rule in favor of those wishing to continue using medical marijuana.
What Can I Do to Use Medical Marijuana on Probation?
It is essential to go into Court prepared with an argument in favor of medical marijuana use before sentencing. This argument should be backed by a letter from a doctor. There should be some documentation regarding the specific ailment you use marijuana to treat.
We can develop this plan of action at the time of the charge to ensure everything goes smoothly by sentencing. Sometimes it might be necessary to file a motion regarding medical marijuana use where a judge may be willing to allow it but is hesitant. This is something we can help you do.
Sam Bernstein is a Medical Marijuana Attorney.
ArborYpsi Law is Located at 4158 Washtenaw Ave., Ann Arbor, MI 48108.