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Michigan appeals court OKs medical marijuana for those on probation Bill Laitner, Detroit Free Press
Medical marijuana industry is poised to explode
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Michigan judges may no longer ban the use of medical marijuana by an offender on probation who is a state-registered medical marijuana user, according to the Michigan Court of Appeals.
The court’s 3-0 decision last week was in a published opinion establishing a precedent that judges must now use in subsequent cases statewide. The ruling means that judges and probation officers can’t overrule the protections granted to medical marijuana users by Michigan voters in 2008, when residents approved the Michigan Medical Marihuana Act with 63% voting yes.
Bill Laitner
Detroit Free Press
Michigan judges may no longer ban the use of medical marijuana by an offender on probation who is a state-registered medical marijuana user, according to the Michigan Court of Appeals.
The court’s 3-0 decision last week was in a published opinion establishing a precedent that judges must now use in subsequent cases statewide. The ruling means that judges and probation officers can’t overrule the protections granted to medical marijuana users by Michigan voters in 2008, when residents approved the Michigan Medical Marihuana Act with 63% voting yes.
Despite voters overwhelming approval of the law, it took 12 years for Michigan courts to fully recognize the law’s protections, said Michael Komorn, a Farmington Hills lawyer who successfully argued the appeal. The case involved 40-year-old Michael Thue of Traverse City, who pleaded guilty in 2019 to a road-rage incident of assault and battery, then was sentenced to a year on probation but with
Feb 13, 2021
TRAVERSE CITY (AP) Judges can’t prevent people from using medical marijuana while on probation for a crime, the Michigan Court of Appeals said.
Anyone holding a state-issued medical marijuana card is immune to possible penalties, the appeals court said, 3-0.
The court, however, cautioned that the decision does not apply to the recreational use of marijuana, which was approved by voters in 2018.
Michael Thue was barred from using medical marijuana while on probation for a year in a road rage incident in the Traverse City area. A District Court judge said the marijuana ban was the policy of Circuit Court judges in Grand Traverse County.
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