One does not have to be a top drug defense lawyer to know that the Michigan Medical Marihuana Act is hotly contested in many Michigan courts and by Michigan police officers. When a qualifying patient or primary caregiver has an encounter with police, some officers will seize the Marijuana and related equipment even when the person has a valid medical marijuana card. After criminal charges are brought, a number of Michigan courts will put bond conditions in place which make the use of Marijuana a bond violation. Even in those drug crime cases where the Michigan Medical Marijuana license provides a valid defense to the criminal charge, many judges will not entertain a motion allowing for the lawful Medical Marijuana use while on bond.
Probation Violations for Prescribed Medical Marijuana Users
In the same way, defendants convicted of a variety of criminal offenses are frequently put on probation, and ordered to not violate any state or federal laws and not to use any illegal drugs. This is true for drug charges and non-drug charges alike. This ultimately conflicts with the Michigan Medical Marihuana Act, which has created a class of people who are authorized to legally use, possess and cultivate certain amounts of marijuana for medical purposes. When a sentencing Judge puts a defendant on probation and orders non-usage of Michigan medical marijuana, a state-approved medical marijuana user can be charged with a probation violation and put in jail for the lawful use of marijuana.
The best defense attorneys challenge the imposition of probation terms forbidding the lawful use of Michigan medical marijuana. Ultimately, the Michigan legislature has recognized that there is a valid medical use for Marijuana. To date, some courts have been willing to substitute their medical judgments for the decisions made by prescribing physicians.
According to law, the Michigan Department of Community Health (MDCH) oversees the Michigan Medical Marijuana Registry (MMMR). The MDCH is the state agency vested with the power to authorize Michigan medical marijuana usage based on a physician recommendation. A court should not be able to substitute its judgment for the judgment of MDCH and preclude a probationer from using lawful (marijuana) medication. Such a bond or probation condition may be unlawful, and a probation violation proceeding based on such an alleged violation should likely be dismissed, and the probation order amended accordingly.
The conflict that criminal defendants are currently experiencing will be the subject of ongoing litigation in the state’s appellate courts regarding the implementation of Michigan medical marijuana. For now, people on bond and probation can be jailed for the lawful use of medical marijuana when that use is contrary to the orders of the judge. In the mean time, the drug defense attorneys at The Kronzek Firm PLC are aggressively defending the rights of medical marijuana users as they have encounters with a criminal justice system hesitant to accept the new law.