Legal Question in Criminal Law in Michigan

i was put on probation in december of 2010 for a minor in possesion of alcohol charge in the state of MI. I moved to california which was approved by judge, but i wanted to get my medical marijuana card for asthma and chronic pain. being that my charge was not marijuana related, even though i drug test, can i still get my card? i am 18 years old

Asked on 1/31/11, 9:28 pm

2 Answers from Attorneys

Lynn Dorio Lynn D‘Orio, JD, PLC

A felony conviction for illegal sale or possession of a drug will bar you from getting a card in Michigan. Can you wait until you are off probation? That will make things a lot easier.

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Answered on 2/08/11, 2:01 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

If you are on probation, your judge could still refuse to permit you to use even a "prescribed" drug like marijuana. Some judges have agreed with prosecutor arguments that standard probation terms that say "no violation of state or FEDERAL laws are allowed" includes a person possession/using marijuana because that's still a federal crime. Some judges also believe that probationers should not be using narcotics, even lawfully. And a lot of people see this for what it is: an addictive personality sees a loophole to use a drug. Some judges see that, too, and don't buy it. But you need to talk to your probation officer to make sure that your judge will be ok with your method for addressing your asthma and chronic issue.

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Answered on 2/09/11, 6:32 am

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