Macomb County Probation Violation Attorney Paul J. Tafelski Discusses the Use of Medical Marijuana and Its Effect on Probation in Michigan

Macomb County probation violation attorney Paul J. Tafelski releases a new article (https://www.michigandefenselaw.com/blog/judges-cannot-prohibit-medical-marijuana-use-as-term-of-michigan-probation/) explaining the effect of the use of medical marijuana on a Michigan probation. The lawyer mentions that in a recent ruling, the Michigan Court of Appeals decided that judges are no longer allowed to prohibit defendants from using medical marijuana as part of their probation.

In the article, attorney Tafelski cited details from a case. “The defendant was charged with assault and battery following a road rage incident. He pleaded guilty, and the judge sentenced him to one year of probation. A condition of probation was that the defendant was not to use marijuana, including medical marijuana,” the Macomb County probation violation attorney says.

The lawyer explains that the defendant filed a motion arguing that the Michigan Medical Marijuana Act (MMMA) entitles individuals to certain protections. These protections include protection from arrest, prosecution, or penalty. In response, the court maintained the ability to restrict the defendant’s medication.

Attorney Paul Tafelski adds that the court also reviewed other cases and found that MMMA supersedes ordinances and statutes that conflict with the MMMA. The courts also turned to other states with similar medical marijuana laws and found that those state have made it illegal to prohibit the use of medical marijuana as a condition of probation.

In the article, attorney Tafelski also says that ultimately, the court concluded that prohibiting a defendant’s medical marijuana use (under the Michigan Probation Act) is in conflict with the MMMA provision.

According to the defense attorney, “Under the law, Michigan recognizes probation as a privilege, of which a trial court has broad discretion to authorize. In this case, because probation is a privilege, the revocation of probation is a penalty. Therefore, because the defendant properly maintained a medical marijuana card, the court erred in prohibiting the use of medical marijuana as a probation condition.”

Lastly, the lawyer emphasizes the importance of having a skilled lawyer when facing a probation violation charge. An experienced lawyer may be able to help the defendant understand their rights and protect their freedom.

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