Judges can’t prevent people from using medical marijuana while on probation Court of Appeals said

dwkl · February 12, 2021

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.

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.

Circuit Judge Thomas Power declined to hear an appeal.

The appeals court said Power made the wrong call, based on a line of decisions from the Michigan Supreme Court and the language of the medical marijuana law.

The law “preempts or supersedes ordinances and statutes that conflict” with it, said judges Mark Cavanagh, Deborah Servitto and Thomas Cameron.

It’s taken 13 years, but Michigan courts are finally fully recognizing the rights instilled by the 2008 voter-passed Medical Marijuana Act, said Farmington Hills-based defense attorney Michael Komorn.

Komorn has been the leading defense attorney in the rights for patients,

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