The Michigan courtroom approves medical marijuana in the course of the trial interval

A Michigan appeals court unanimously ruled that judges cannot prevent the use of medical marijuana by anyone on parole for a felony. The Michigan Court of Appeals ruled 3 to 0 that persons on probation with a valid medical marijuana card issued by the state are safe from penalties for cannabis use.

Judges Mark Cavanagh, Deborah Servitto and Thomas Cameron wrote in their ruling that Michigan’s medical marijuana law “anticipates or supersedes regulations and laws that conflict with them.” However, the court warned that their ruling only applies to qualified medical marijuana patients and not to recreational cannabis, which was legalized in Michigan in 2018.

The verdict comes from the case of Michael Thue, who was placed on probation for a year because of a road traffic incident. The District Court judge denied Thue the right to use medical marijuana in his case while he was on parole, citing a policy of the Grand Traverse County Circuit Court justices.

Circuit Court Judge Thomas Power declined to hear an appeal on the case, but the appeals court ruled that Power’s decision was inconsistent with state medical marijuana law and the rulings of the Michigan Supreme Court was standing.

The decision, however, comes too late for Thue, whose probation ended in December. The judges said they issued the judgment so that there would be clarity on this matter in future cases.

Some other states also cool with pot during parole

The Michigan Court of Appeal ruling is consistent with decisions in similar cases in other states, including New Mexico, Colorado, and Arizona. Last month, New Mexico District Judge Lucy Solimon ruled that inmates and probation officers have the right to use medical marijuana and that prisons must provide access to cannabis to qualified patients.

Democratic Senator Jacob Candelaria was an attorney on the case of Joe Montaño, a medical marijuana patient convicted of drunk driving in 2019. Montaño filed suit after he was jailed for more than 30 days for violating the rules of a 90-day house arrest when judicial authorities learned he had used medical marijuana.

“There is no discretion under the Medical Cannabis Act. You have to let that happen, ”said Candelaria after the court’s judgment. “While the criminal industrial complex may have setbacks or concerns, bring them to the legislature. Because until the legislation changes the law, the law is clear: you must give imprisoned persons the opportunity to access medical cannabis without penalty under current law. That’s the law. “

But the Feds are not that keen

As would be expected, medical marijuana patients do not receive similar assistance from judges in federal courts. Because all forms of marijuana are still considered a List I substance under US law, federal judges barely respect state medical marijuana laws.

Last year, U.S. Middle District Judge Matthew W. Brann reported to Alyssa Howe, a Pennsylvania woman who admitted she had abused more than $ 9,000 over a three-year period as a postal worker have that the use of medical marijuana during their trial period “is out of the question,” according to PennLive.

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