LANSING, Mich. (Michigan News Source) – Michigan’s legalization of recreational marijuana doesn’t override its federal classification as a controlled substance, especially for those under court supervision. That is the decision by the Michigan Court of Appeals who ruled unanimously that marijuana use during probation can still violate probation terms, even if it’s legal under state law.

The case of ‘People v. Hess’

In People v. Hess, the defendant faced 12 months of probation for third-degree retail fraud under the Holmes Youthful Trainee Act (HYTA). Her probation terms included a ban on using or possessing marijuana and required drug testing.

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Gongwer reports that after testing positive twice for marijuana, the defendant pleaded guilty to the first violation but sought to change the probation terms following the second. She argued that the prohibition violated the Michigan Regulation and Taxation of Marijuana Act (MRTMA), citing a previous case, People v. Thue, which ruled that medical marijuana use couldn’t be banned during probation if compliant with the Michigan Medical Marijuana Act.

Appeals court rejects argument.

The Montcalm Circuit Court rejected the defendant’s argument, emphasizing differences between medical and recreational marijuana laws. The appeals panel agreed, stating that the MRTMA doesn’t guarantee unrestricted use for probationers. While Michigan law permits recreational marijuana, federal law still classifies it as illegal, making it fair game for restriction during probation.

Legal impact on probation terms.

The ruling clarifies that probationers are not ordinary citizens in the eyes of the law and that courts can restrict their use of substances like alcohol and marijuana, regardless of state legalization. The defendant’s appeal didn’t succeed, and her probation terms were enforced, resulting in a 10-day jail sentence for violating probation conditions.