A Michigan appeals court has unanimously ruled that judges may not prevent the use of medical marijuana by those on probation for a crime. Circuit Court Judge Thomas Power declined to hear an appeal in the case, but the Appeals Court ruled that Power’s decision was not in line with the state’s medical marijuana law and decisions of the Michigan Supreme Court. With all forms of marijuana still considered a Schedule l substance under U.S. law, federal judges show little regard for state medical marijuana statutes. The court warned, however, that their ruling applies only to qualified medical marijuana patients and not recreational cannabis, which was legalized in Michigan in 2018. Jacob Candelaria served as the attorney in the case of Joe Montaño, a medical marijuana patient who had been convicted of drunk driving in 2019.
A Michigan appeals court has unanimously ruled that judges may not prevent the use of medical marijuana by those on probation for a crime. The Michigan Court of Appeals ruled by a vote of 3 to 0 that people on probation who have a valid medical marijuana card issued by the state are immune from any penalties for cannabis use.
Judges Mark Cavanagh, Deborah Servitto, and Thomas Cameron wrote in their ruling that Michigan’s medical marijuana statute “preempts or supersedes ordinances and statutes that conflict” with it. The...
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