Legal Question in Criminal Law in Michigan

If you have a perscription for medical Marijuana and a Medical Marijuana Card. Can a judge deny you the right to use your perscription while you are on bond awaiting trial

Asked on 6/20/11, 3:00 am

3 Answers from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Yes. MCR 6.106 lists categories of terms a judge can attach to a conditional release on bond. A couple pertinent to your question are "Not to use alcohol or drugs" and "Comply with any other condition including money bail necessary to ensure D's appearance and the safety of the public". I'm assuming that you're not one of the MMMA users who is really just using this new law as a means of getting legal weed in order to get high ... right? I'm assuming that you got your prescription from your regular family doctor, not some Dr. FeelGood you paid a fee to in a quickie 'consultation', right? If so, and if you think that you NEED marijuana to help you through the day due to a debilitating condition for which no other OTC or prescribed medicine can help you, then have your attorney file a motion to change your bond condition to allow medical marijuana use. But be prepared to carry the burden of proof with testimony by you, the prescribing doctor, etc. on the process you used to get the card, and the medical NEED to use this product. Many judges are skeptical about this new law and see people who are not within the core group who were used as example of the need for the MMMA a few yrs ago (terminally ill, gloucoma, etc.). Rather, regular people complaining of a 'bad back' (no objective means of confirming this) are getting MMMA cards and toking away.

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Answered on 6/20/11, 5:57 am
William Morrison Action Defense Center

Let me guess, you got arrested for possession and then went to see a strange new "doctor" who you paid to prescribe marijuana for your bad back, and you now think your card will relate back to your court case which must be dismissed because it's not a crime anymore. Right?

My advice is to always have someone drive you to court because if you have any THC in your system, you're in violation of Zero Tolerance and can be charged with OUID. (All the prosecutor has to do is call the cops and have you tailed out of the courthouse parking lot.) How about that for paranoia?

Also your card wont get you anywhere with the judge for this case. You're probably going to be drug tested during a year's probation and your present THC level should be lower for your next test. If it's not, you won't be happy with what happens.

You can save the money you spend on weed to hire an attorney who might get you a better result.

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Answered on 6/20/11, 9:55 pm
Jules Fiani Law Offices of Jules N. Fiani

Call an attorney 810-227-7200

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Answered on 6/21/11, 10:42 am

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