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Courts Can Restrict Use of Medical Marijuana on Probation

January 12, 2017 Medical Marijuana

The Court of Appeals has ruled that Courts have the power to restrict the use of medical marijuana for persons on probation following a criminal conviction.

Courts have been divided on whether a person on probation may use medical marijuana. Some Courts have respected the medical aspect of marijuana while others have continued to believe that marijuana is unacceptable.

Until now, there has been no comment from a higher-level court on whether a Court may restrict a person’s ability to use medical marijuana. It was just another gray area among many in the field of medical marijuana.

Unfortunately, the Court of Appeals took the view that a District or Circuit Court judge has the power to tell probationers they may not medicate. The medical marijuana community was hoping the Court of Appeals would rule the other way – that marijuana’s status under the Michigan Medical Marijuana Act meant Courts would be unable to restrict marijuana use for qualified patients on probation.

The ruling will be devastating to those patients who find themselves in a Court which takes a more traditional dim view of medical marijuana.

The case will likely be appealed, meaning the Michigan Supreme Court will have the opportunity to rule that use of medical marijuana on probation is protected by law without interference by judges.

Contact ArborYpsi Law at 734-883-9584 or at bernstein@arborypsilaw.com to speak with attorney Sam Bernstein about medical marijuana or criminal defense. We represent clients in Ann Arbor, Ypsilanti, Plymouth, and throughout the metro Detroit area.

ArborYpsi Law is located at 4158 Washtenaw Ave., Ann Arbor, MI 48108.