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No Medical Marijuana As Condition Of Probation


william7

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Attached is an article from my local newspaper where a young woman received a no medical marijuana condition of probation. I was wondering if anyone knows of any law prohibiting a court from giving orders such as this or if anyone has seen similar cases as this. It seems as if the judge has set up the probation officer to make medical decisions.

 

 

 

 

 

 

 

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doh, yeah , didnt read. this happens all over michigan.

 

to answer your question, the law is the MMMA, thats the one that protects patients from any penalty as long as they follow section 4.

 

 

theres been a few cases taken to different courts.

lawyer rudoi got the furthest, to the state COA.

 

http://www.mlive.com/news/detroit/index.ssf/2017/01/attorney_hopeful_ruling_will_a.html

 

pretty sure the COA ruled against the defendant using mmj on probation in that case. the coa are full of gentlemen.

 

heres a case of a lawyer (yes lawyers get in trouble and get probation too) in a similar situation

http://www.mlive.com/news/bay-city/index.ssf/2017/02/judge_rules_ed_czuprynski_can.html

 

plenty of other cases in the papers. some courts allow it ,some dont. MMMA should protect patients , even from crazy judges. just have to fight.

 

 

i dont know of any lawyers that will take cases pro bono, especially in the towns far away. but if you call some of the better marijuana lawyers, they maybe able to help. komorn, shyler, rudoi,... i'm blanking on names now. greg schmid in saginaw?

Edited by bax
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Yes.  I used to run the Dickinson County Compassion Club. We did it for just over 5 years.

 

I have dealt with the Menominee county judges.  I think this lady that got busted is screwed. May not even be worth the time to fight it..

 

It is completely immoral and unethical IMO, and also completely immoral for a judge or police officer to tell a person what medications they need for their health.

 

BUT, a judge has a lot of leeway to what they can request, especially during a plea deal.  She agreed to this.  She agreed to take this plea deal.(I assume from the looks of the sentence).

 

She "could' attempt to request a reconsideration.  I am just not sure how well that could go.

 

Not because I don't think legally she is in the right to use Mmj on probation(obviously not during his prison/jail sentence), but because of the anti marijuana conservative republican judges that completely dominate Michigans judiciary.

 

Her attorney should have fought for mmj use during the plea agreement.

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I know....

 

Justice is typically only a fabled word.  There is so little of it, it can really taint a persons view of the world.

 

I wish this lady the best.  Hopefully she can get through it and return to normal life in a couple years.

 

But yea,... my shittty recommendation is just suffer the probation and move on. Although it would be the just and right thing to fight for your rights. So,... tough personal decision.

 

Her attorney obviously sucked donkey. Probably a court appointed no less. Which means useless in our areas up here.  Even worse than typical. 

 

Heres the arrest article. The cops were trolling for a bust hardcore.

 

http://943jackfm.com/news/articles/2016/mar/16/green-bay-woman-busted-with-meth-hanging-at-kwik-trip/

 

Hopefully she quits using meth though. That stuff is just bad for ya.  So many better drugs to do in life!!!

 

And,... She wasn't even a Michigan resident at the time anyhow? So no card? Not sure the full circumstances there.

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