Yea. We did that…

What it is supposed to be

On February 11, 2021, the Michigan Court of Appeals ruled that judges cannot prohibit individuals on probation from using medical marijuana if they are registered patients under the Michigan Medical Marihuana Act (MMMA). This ruling underscores the legal protections afforded to medical marijuana patients and clarifies the boundaries of judicial authority concerning probation conditions.

Background of the MMMA

The journey began in 2008 when Michigan voters approved Proposal 1, known as the Michigan Compassionate Care Initiative, with a 63% majority. This initiative legalized the medical use of marijuana for patients with specific debilitating conditions, allowing them to possess up to 2.5 ounces of usable marijuana and cultivate up to 12 plants. The law aimed to provide relief to patients suffering from chronic illnesses by permitting the medical use of cannabis upon a physician’s recommendation.

The Case of Michael Thue

The case that ultimately shaped the 2021 ruling centered around Michael Thue, a registered medical marijuana patient who faced charges of assault and battery stemming from a road rage incident, to which he later entered a guilty plea.

During the sentencing phase, the judge set a probation condition that strictly forbade Thue from using marijuana, even for medical reasons.

Thue hired Komorn Law to contest this condition, arguing that it violated his rights under the MMMA, which protects registered patients from penalties related to their medical use of marijuana.

Legal Battle and Advocacy

Thue’s legal battle was marked by persistent advocacy for the rights of medical marijuana patients.

Following the rejection of his motions by both the District Court and the Grand Traverse County Circuit Court, Thue proceeded to appeal to the Michigan Court of Appeals.

Although his probation ended during the appellate process, the Court acknowledged the wider public importance of the matter and chose to hear the case.

Court of Appeals Decision

In a unanimous decision, Judges Mark J. Cavanagh, Thomas C. Cameron, and Deborah A. Servitto ruled in favor of Thue. The Court held that imposing a probation condition barring the use of medical marijuana constitutes a penalty, which is in direct conflict with the MMMA.

The Act explicitly protects registered patients from arrest, prosecution, or any penalty for their medical use of marijuana, provided they comply with possession limits and other provisions. The Court emphasized that the MMMA supersedes conflicting statutes, thereby limiting judicial discretion in imposing such probation conditions.

Implications of the Ruling

This landmark ruling has significant implications for medical marijuana patients on probation in Michigan. Judges can no longer enforce blanket prohibitions on the use of medical marijuana for registered patients as a condition of probation. This decision reinforces the protections enshrined in the MMMA and ensures that patients are not forced to choose between compliance with probation conditions and their medically approved treatment.

Continued Advocacy and Legal Support

The case highlights the ongoing efforts of legal advocates and organizations dedicated to protecting the rights of medical marijuana patients. Attorneys specializing in cannabis law have played a crucial role in challenging restrictive policies and ensuring that patient protections are upheld in various legal contexts. Their work continues to shape the evolving landscape of medical marijuana law in Michigan and beyond.

In summary, the Michigan Court of Appeals’ decision affirms the rights of medical marijuana patients to continue their treatment without fear of legal repercussions, even while on probation. This ruling not only upholds the intent of the MMMA but also sets a precedent for how similar cases may be handled in the future, ensuring that medical needs are not overshadowed by judicial mandates.

Recent

Note: This is what they are supposed to do. Whether they give a damn about you and the outcome is up to the individual attorney

What it is supposed to be

In Michigan, public defenders play a vital role in the criminal justice system by providing legal representation to people who cannot afford private attorneys.

They help ensure that everyone, regardless of income, receives a fair trial as guaranteed by the U.S. Constitution.

Public defenders handle cases ranging from misdemeanors to serious felonies and work at different levels based on experience and qualifications.

What Public Defenders Do

Public defenders represent clients in criminal cases at all stages of the legal process, including:

• Arraignments – Advising clients on their rights and entering pleas.
• Pretrial Hearings – Filing motions to suppress evidence, dismiss charges, or seek reduced bail.
• Trials – Presenting evidence, cross-examining witnesses, and making arguments in court.
• Plea Bargaining – Negotiating with prosecutors to reduce charges or sentencing.
• Sentencing – Advocating for fair punishments or alternatives like probation or rehabilitation programs.
• Appeals – Challenging wrongful convictions or excessive sentences in higher courts.

Because public defenders handle many cases at once, they must work quickly and efficiently while giving each client strong representation.

Levels of Public Defenders and Their Qualifications

Public defenders in Michigan progress through different levels based on education, experience, and case complexity.

1. Entry-Level Public Defender (Assistant Public Defender I)

• Education: Must have a Juris Doctor (J.D.) degree from an accredited law school.
• License: Must pass the Michigan Bar Exam and be licensed to practice law in Michigan.
• Experience: No prior courtroom experience required, though internships or clerkships in criminal law are helpful.
• Duties: Handles misdemeanor cases and low-level felonies under supervision.

2. Mid-Level Public Defender (Assistant Public Defender II & III)

• Education: J.D. degree and active Michigan law license.
• Experience: At least 2-5 years of criminal defense or prosecutorial experience.
• Duties: Takes on more serious felony cases, may argue motions in higher courts, and supervises newer attorneys.

3. Senior Public Defender (Assistant Public Defender IV)

• Education: Same as lower levels but with extensive trial experience.
• Experience: 7+ years in criminal defense, often handling serious felonies like murder or sexual assault cases.
• Duties: Represents high-profile clients, trains junior attorneys, and may work on appeals.

4. Chief Public Defender

• Education: J.D. degree and Michigan law license.
• Experience: 10+ years in criminal defense, with leadership and administrative experience.
• Duties: Manages the public defender’s office, oversees budgets, and sets legal strategies for the department.

Recent