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Court: Judge can’t forbid use of medical marijuana

Marijuana plant
U.S. Fish and Wildlife Service
Voters approved the use of medical marijuana in 2008.

The Grand Traverse County prosecutor says she won’t challenge a state Court of Appeals decision.

The ruling says judges cannot ban the use of cannabis by medical marijuana cardholders as a condition of probation.

Michael Thue is a medical marijuana consultant and cardholder. He was placed on one year’s probation after pleading guilty to assault and battery.Thue said Monday the decision clears up a point of confusion about Michigan’s medical marijuana law.

“So any patient with a valid medical marijuana card has the option and the right to use cannabis as medicine while on probation in Michigan.”

Thue said he considers marijuana a better alternative for many people than opiates and other drugs.

“They won’t have to have their life flipped upside down and forced back to an addictive narcotic, but they would be to continue to use a natural plant medicine.”

The state court decision does not apply in federal cases. 

Grand Traverse County Prosecutor Noelle Moeggenberg said in an email Monday that she does not like the decision, but she agrees with its reasoning. That means the case stops here, and the decision applies statewide.

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Rick Pluta is Senior Capitol Correspondent for the Michigan Public Radio Network. He has been covering Michigan’s Capitol, government, and politics since 1987.
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