Michigan judges can’t stop medical marijuana use by probationers

[KLAW Blog]

Registered patients previously barred from using medical marijuana while on probation may now light up, the state Court of Appeals ruled Thursday.

“This opinion says the law is the law,” said Komorm, who represented the appellant in the case, “and we’re going to make the ruling that the Medical Marijuana Act and the card associated with the patient protect them from … penalty of any kind.”

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.

In Komorn’s opinion, although the ruling doesn’t address the issue, the precedent should also apply to parolees or defendants on bond with release conditions that prohibit legal medical marijuana use.

The unanimous ruling issued in writing Thursday by Court of Appeals judges Mark J. Kavanaugh, Deborah A. Servitto and Thomas C. Cameron determined Medical marijuana law “supersedes” contradicting laws empowering judges to limit a wide array legal activity, such as alcohol consumption.

And that’s because of “specific language” in the ballot initiative voters passed prohibits any penalty for compliant use of medical marijuana, Komorn said. Despite that, Komorn said judges frequently, especially in Grand Traverse County where the case arose, impose marijuana probation restrictions on registered patients.

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[FlowerPower99]

Thank You Komorn Law - for the Court of Appeals win for Medical Marijuana patients on probation to use their medicine.  Now here come the other attorneys to ruin the MRTMA law stating that it's wording is the same.  I got $100 riding that some politician is being influenced right this second to modify the law to benefit no one but the state.  There will probably be attempts to modify the MMMA Act too.  The medical I assume will be phased out soon.

I know your law firm has been fighting for the right's of patients and caregivers since the fight to get it passed began.  I know several people you have helped secure their freedom and have recommended you guys several times. 

Keep up the good fight.  There are those that are going to try to manipulate the MMMP and MRTMA laws for their own personal greed and fear of competition.  I know you probably get caught in the middle. Press on but don't forget about the common person who always ends up getting ripped off.