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Yes, you can smoke cannabis while on probation* in the state of Michigan [Archived]

What You Need to Know About Michigan's Landmark People vs Thue Case and What It Means for Medicinal Users

catsupmagazine.com is a new website home to satire, fashion, cannabis, reviews, and recipes amongst more to come ! Grab a salt shaker, catsup mag does not offer legal advice ! The story below is just that. References to real people are linked.

Can I smoke on probation?

Yes, *with a judge’s permission. They may ask for your primary care physician’s approval note, which may be different from your prescribing doctor. This was the case for Pepper Shaekira anyway. Luckily, Shaekira’s PCP was able to provide the note.

a graphic image depicting an eyeball - a black circle is inside a blue one surrounded by purple rectangles representing the eyelashes. the bottom right eyelashes are seen a shade lighter and segmented indicating loss

“Don’t do anything yet.” The PO explained the judge would have to look everything over and give an approval before Shaekira could think to light up. It ended up being about a month from finding out about the verdict to getting that final, true okay from the judge. Shakeira didn’t find out about the case until months after the February 11, 2021 ruling.

“The Thue case should have ended this,” Michael Komorn has stated. Komorn is a Michigan attorney who fought for the Thue ruling. “But I still get hundreds of calls.” Shakeira was one of them. When they received a quote that was too steep, they decided to take matters into their own hands. “It’s a hard pill for the court to swallow.” Komorn has said of courts still trying to uphold probationary restrictions against MMMA (Michigan Medical Marihuana Act).

Read now: People vs Thue court case.

Abstaining from the use of controlled substances including alcohol and not being able to leave the state were only a couple of the bond stipulations Shaekira faced for their mistake. With nothing to do but ride the wave of the American criminal system, one day Shakeira was mindlessly scrolling when keywords popped up that caught their eye. Michigan… Traverse City…

a headline reads: Michigan judges can't stop medical marijuana use by probationers, court rules. it is a screenshot from mlive.com

‘Michigan judges can’t stop medical marijuana use by probationers, court rules’ ‘Updated: Feb 12, 2021’ Screenshot from mlive.com

“However, in several cases not involving conditions of probation, the Michigan Supreme Court and this Court have concluded that the MMMA preempts or supersedes ordinances and statutes that conflict with the MMMA.”

The case referenced Arizona and Oregon’s similar laws and the way they did not impose probation restrictions against their medical marijuana users.

Shakeira had printed out the ruling and decided to share it with their probation officer next time they sat together. The PO held the papers in front, glimpses of colorful highlighted marks flashed as they shuffled through them. “I don’t even know what to say… This all happened when ?” As they had expected, Shakeira held in the anxious shakes and went on to patiently explain how a recent case in Traverse City sets the motion for the state of Michigan, therefore licensed medical marijuana use is now permitted for probationees.

Fun fact: Michigan is one of the states to not allow both a Medical Marijuana Card AND a concealed carry.

“Honestly, it’s pretty ridiculous this kind of stuff has to be dug and fought for. Free those in the penitentiary for weed crimes.”

Colby Anyone

The Michigan Court of Appeals shared their opinion February 11, 2021. It took Shakeira over a month to get the okay. The following was asked of them to provide:

1.) Length of time PCP has treated the probationer.

2.) What other treatment options were tried by probationer prior to Medical Marijuana for illness.

3.) Obtain full contact information from PCP for any follow-up questions.

 

I’ve been using cannabis for years, to [have to] move back someplace it’s criminalized was regression.

Hilga Carter (pronounced ‘if weed has been decriminalized anyone still locked up retroactively is under illegal incarceration’)

Finally, the judge had to approve. So even after doing everything right, it is still up to one person’s personal opinion at the end of the day. Which might as well be 50/50.

Happy 4/20.

Draft last saved June 10, 2022.

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