Michigan: Court of Appeals Strikes Down Restrictions on Use of Medical Cannabis While on Probation

Lansing, MI: Judges can no longer prohibit the use of medical cannabis by patients who are on probation, according to a unanimous decision by the Michigan Court of Appeals.

In a published opinion, justices determined that the state’s voter-initiated medical cannabis access law supersedes the authority of judges to limit probationers’ use of the substance. 

Although the ruling only explicitly addresses the issue of medical cannabis access while on probation, legal experts suggest that the ruling will likely similarly apply to parolees and/or defendants released on bond. 

The prosecutor in the case had previously indicated that her office did not intend to appeal the ruling. 

Michigan NORML, which donated funds to help pay for the litigation, called the ruling “a huge win for medical cannabis patients.”

In 2019, justices on the Pennsylvania Supreme Court similarly ruled that probationers cannot be prohibited from accessing medical cannabis. Courts in several other states have issued inconsistent rulings on the issue.

For more information, visit Michigan NORML on Facebook.