Can I Use Medical Marijuana on Probation?

The Michigan Medical Marihuana Act made marijuana legal for medicinal use in 2008, while the Michigan Regulation and Taxation of Marihuana Act made marijuana legal for recreational use in 2018.

Despite these allowable uses, your ability to use medical and recreational marijuana becomes complicated if you are currently on probation. Here’s what you need to know about using marijuana while on probation in Michigan.

Medical Marijuana Use While on Probation

In 2021, the Michigan Court of Appeals in People v. Thue, COA 353978, ruled that medical marijuana cannot be banned when an individual is on probation. People who use medical marijuana with a prescription from their physician cannot face probation violations or be penalized for their valid medical marijuana use.

Previously, many courts would deny probationers’ requests to use medical marijuana while on probation. However, with this decision, medical marijuana patients no longer have to worry about facing parole or probation violations for the otherwise illegal use of prescription marijuana.

The Michigan Court of Appeals cited MCL 333.26427(a) of the Michigan Medical Marihuana Act, saying that users of medical marijuana were protected from arrest or prosecution of any kind. Nor do individuals on probation face the prohibition of opiate medications for medical conditions.

Various medical conditions may warrant the use of medical marijuana, including:

• Multiple sclerosis
• Glaucoma
• Alzheimer’s
• Seizures
• Fibromyalgia
• Cancer
• Chronic pain conditions
• Conditions causing severe nausea
• Crohn’s disease
• Anorexia

What Medical Marijuana Patients on Probation Should Know

Medical marijuana users should provide their probation officers with their valid prescription to hassles or possible penalties. Without proper documentation, you may face probation violations and drug-related charges.

This is particularly true if the probationer is found to have more than 12 marijuana plants or more than two-and-a-half ounces of marijuana.

With that being said, if you are a medical marijuana user with a valid prescription, you could also face criminal charges if you are accused of purchasing marijuana from an unlicensed distributor.

Even though marijuana is legal for recreational use, probationers can be prohibited from using marijuana if they do not have a valid prescription from a physician. You face serious penalties if you do not have a valid medical marijuana prescription and fail a court-ordered drug test.

Penalties for Failed Drug Tests in Michigan

Failure to do so can result in harsh consequences if you must pass a regular drug test while on probation in Michigan. Your probation officer has the discretion to violate you for failing a drug test.

A violation of the terms and conditions of your probation or parole could result in:

• Loss of the Holmes Youthful Trainee Act provision, which keeps a conviction from remaining on your criminal record
• Court-ordered drug treatment
• Court-ordered mental health counseling
• Extension of your probation
• Additional jail time
• Additional criminal drug charges
• Court-ordered community service

What Happens When You Violate Probation?

Failing a court-ordered drug test or unauthorized use of medical marijuana will likely result in a violation of your probation. Such behaviors signal to the court that you are incapable of or unwilling to comply with their court orders.

When this happens, you could have your probation revoked and be forced to spend the rest of your original sentence behind bars.

Get Help From a Marijuana Lawyer in Detroit

Marijuana may be legal for recreational and medicinal use in Michigan. However, you can still face probation violations if you are using marijuana after being prohibited from doing so or if you are using medical marijuana without a valid prescription.

Accused of violating your probation for using marijuana? Contact an experienced lawyer at Davis Law Group to schedule a free and confidential consultation. Fill out our contact form or call 313-818-3238 today.