Can I Use Medical Marijuana While on Probation?

We often get asked “Can I use medical marijuana while I am on probation?  Unfortunately, there is no clear cut answer to this question.  Our answer is always “it depends, but we don’t recommend it.”  If you were charged with a felony, your probation officer is actually an employee of the Michigan Department of Corrections.  If you were charged with a misdemeanor, your probation officer is most likely an employee of the county where the charges were brought.  The Michigan Department of Corrections has a zero tolerance rule with regards to medical marijuana.  This means that felony probation officers will not allow ANYONE to consume medical marijuana.  Misdemeanor probation officers can be more lenient, but most will not allow it.  Technically, the judge has the final say and there is no guarantee what he/she will decide.  If you make the choice to consume medical marijuana, you are leaving the decision up to the judge and you could very likely be facing a probation violation.

Are All Judges Against Medical Marijuana While on Probation?

Judges across the State differ greatly on their stance of allowing someone on probation to use medical marijuana.  Some judges will be 100% against it while other judges are willing to work with you on a case by case basis.  Therefore, it’s critical that you work with an attorney who knows and deals with the local judges often.  In some instances, being registered with the state and having your Michigan medical marijuana card is enough to allow the use of marijuana on probation.  Some judges will force your doctor prove that you medically need marijuana and they will be cross-examined.  Yet, in most cases the judge simply won’t allow it regardless of your health conditions or any other reasoning.  Since most judges simply won’t allow it, there is no reason to tempt fate and you shouldn’t use medical marijuana on probation.

You Give Up Your Freedoms When You Are Put on Probation

Probation comes with a lot of conditions including losing your ability to travel, associate with people who have been with a felony, and carry a firearm or weapon.  You are also not allowed to break ANY law and this includes law on the local, state, and federal level.  As you are probably aware, marijuana is still currently illegal federally.  If the judge were to decide you could continue use of medical marijuana they are essentially allowing you to break federal law.  For this reason alone, most judges don’t have too much sympathy and they come down hard on parolees who use medical marijuana.

Unfortunately, the Michigan Medical Marijuana Act is still very confusing and poorly written.  The harsh reality is that unless something changes, you will have to avoid using medical marijuana until you are off of probation.  This may not be fair or logical, but it’s the way it is for now.  There has been alot of changes and additions to MMMA in the past few years and we expect this trend to continue.  Make sure you stay informed about the law and if you have any questions just give us a call.

We Can Help If You Are Facing Probation Violation or Other Marijuana Charges

If you have been arrested, charged, or are being investigated because of medical marijuana, we can help.  Our experienced marijuana attorneys can negotiate a sentencing agreement with no probation or possibly get the case dismissed altogether and avoid probation entirely.  If you are facing a probation violation or some other criminal charge related to medical marijuana, contact us today at (517) 347-6900 to talk directly to an experienced attorney and for a completely free consultation.