How do I get my rights to medicate back in gratiot county,michigan? I am a legal medical marijuana patient but on probation.

Asked almost 2 years ago - Alma, MI

Isnt it cruel and unusual punishment to deny a legal medical marijuana patient their medicine?

Attorney answers (1)

  1. Jaynie Smith Hoerauf

    Contributor Level 10

    Answered . You may not be able to. The problem with the MMMA is that it was passed by ballot initiative. That means that it was brief, so that it does not have the detail necessary to assist people who are trying to use or apply it. Secondly, it means that it would require a super-majority of the state legislature to amend the law, to fix the things that affect people's lives. Since that isn't going to happen, we are getting our law, piece by piece as Judges decide cases that make their way through the courts. That means that the law comes to us piecemeal, in incomplete slices and can sometimes be outright contradictory.

    One Circuit Court, Midland County, has ruled that probationers cannot use Medical Marijuana. I will link to the opinion for you. The decision is currently on appeal at the MI Court of Appeals. The docket number is 309293. I can't figure out how to link to the docket, but if you go to the Court of Appeals docket search (link attached) you can search for the case and check its status. Until that case, or another case is decided, we won't know what the law is where the MMMA and your conditions of probation overlap.

    Sorry that I am not more optimistic. Perhaps one of the criminal lawyers will answer with something more helpful for you.

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