Reasoning Behind Judicial Reasoning?.

[+Jennifer8]

A problem that goes on, and in different courts, is when a qualifying person gets charged for having or using a small amount of marijuana. Then, anytime between his/her/their arraignment but before sentencing, has taken the time to properly be seen by a physician, qualifies for and is prescribed the lawful use of medical marijuana, but at sentencing, regardless of such, the judge clearly rules that the defendant/patient will not be entitled to his/her/their legally recognized medication, while on a lengthy probation, AND ORDERED TO GO TO DRUG REHAB (Keep in mind probation, rehab, random drug testing, etc., costs money for the defendant, aside from court fines.) It's an option that can come SEEMINGLY with less legal headaches that a defendant is likely to take, for numerous reasons. Also, these defendants/patients often do not have the money to hire a team of high-priced attorneys to achieve a more fair, rightful, and hoped for result. Defendant's do not know if they should take door number 1, door number 2, or door number 3. They're often stressed out about the whole thing or scared sh*tless.

 

When does an ELECTED district court judge, have more authority to use medical directives and have medical decision making powers over a patient, knowing no patient history and not having the same education, training, or medical expertise as a legally recognized licensed physician? Technically it seems to be a matter involving a medical doctor, a patient, medication or the persons legal and rightful choice in what medication a patient chooses to use, for justifiable reasons. Some people do not WANT to take Vicodin or get addicted to other strong pain medications. Some do not like the side effects of other pain medications. Some find that others have not worked but MM does. After all, a former police chief went nuts when he became addicted to Vicodin, not marijuana. It ruined his life and career.

 

It would seem as if it should not be legally acceptable, judicial misconduct, morally and ethically unacceptable, for a judge to wrongfully utilize and abuse judicial powers in speaking for and acting as a defendant's physician by ordering and forcing, be it directly or indirectly, how a defendant/patient can or cannot use a legally recognized medication, such as MM - a lawful form of medication to those who qualify for it in the state of Michigan.

 

A judge, as an elected official with education in the legal arena, is not the educated equivalent to a licensed medical doctor. Nor should a judge be allowed to speak for and act as a legally licensed medical doctor. It does not seem logical, appropriate, or acceptable for a judge to rule a defendant/patient cannot pursue the state of Michigan legally and lawfully authorized, or rightful and legally preferred, medication, such as medical marijuana, to which the laws of Michigan legally allow, accept, and authorize. How can that not be seen as discrimination or overstepping the boundaries of a judge's scope of authority; in essence and actuality, acting as a patient's physician? How is that not assuming the inappropriate role as physician?

 

That I am aware of and as an example, for a person that doesn't have a criminal history or bad driving record, if a defendant was charged with driving on an expired license/tags, or perhaps a driving while license suspended, a judge doesn't normally give that person probation, or say he/she is no longer allowed to drive while on probation. A judge doesn't tell the defendant to take a driver training class. A judge normally likes to know the defendant got his or her affairs in order by pretrial or is in the works of getting that business taken care of. Then it's "C-ya", for the most part. Then just pay a fine or such.

 

Marijuana is now viewed as a legal form of medication in the state of Michigan, whether judges, city attorneys, or prosecutors like it or not. If there appears or is suspension of discrimination/prejudice/bias/a personal grudge towards a legit card holding defendant dealing with the use of medical marijuana, other than likely pissing off a judge one will go before again, is it possible to "respectfully" request said judge recuse himself/herself, and seek another judge hoping not to bring an unjust decision towards the defendant from judicial egotistical retaliation against counsel and or the defendant?

 

Does anyone have any thoughts on that? I welcome feedback, good or bad.

[peanutbutter]

Here is a thought.

 

Marijuana is the only "drug" that has it's own specific law written for it.

 

Any logic that assumes it is the same as any other drug is in error.

 

The protections are different than for any other drug.