Michigan Court Approves Medical Marijuana During Probation

A Michigan appeals court has unanimously ruled that judges may not prevent the use of medical marijuana by those on probation for a crime. The Michigan Court of Appeals ruled by a vote of 3 to 0 that people on probation who have a valid medical marijuana card issued by the state are immune from any penalties for cannabis use.

Judges Mark Cavanagh, Deborah Servitto, and Thomas Cameron wrote in their ruling that Michigan’s medical marijuana statute “preempts or supersedes ordinances and statutes that conflict” with it. The court warned, however, that their ruling applies only to qualified medical marijuana patients and not recreational cannabis, which was legalized in Michigan in 2018.

The ruling stems from the case of Michael Thue, who was put on probation for a year for a conviction in a road rage incident. The District Court judge in his case denied Thue the right to use medical marijuana while he was on probation, citing a policy of the judges of the Circuit Court in Grand Traverse County.

Circuit Court Judge Thomas Power declined to hear an appeal in the case, but the Appeals Court ruled that Power’s decision was not in line with the state’s medical

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