Michigan Supreme Court says courts can't ban legal marijuana use as probation condition based solely on federal law
The Michigan Supreme Court has ruled that judges cannot automatically ban probationers from using marijuana that is legal under state law, even though marijuana remains illegal under federal law.
The unanimous decision reverses a lower court ruling in the case of Danielle Heaven-Leah Hess, who was placed on probation after pleading guilty to third-degree retail fraud.
Hess's probation conditions included a ban on marijuana use. She tested positive for marijuana twice while on probation. After the second positive test, Hess argued that her marijuana use was legal under Michigan's recreational marijuana law and should not result in punishment.
The lower courts sided with prosecutors, citing federal law and a Michigan probation statute that requires probationers to comply with federal law.
The Supreme Court rejected that reasoning. In its opinion, the court said that Michigan's marijuana law was specifically intended to prevent arrests and penalties for marijuana use that is legal under state law. The court also found that Michigan's marijuana law takes precedence when it conflicts with other state laws.
The ruling clarifies that Michigan's recreational marijuana law provides state-law protections and is not preempted by federal marijuana laws. However, the Supreme Court did not decide whether judges can restrict marijuana use in individual cases for reasons such as rehabilitation, treatment, public safety, or if the offense is related to marijuana. The justices said that question must be addressed in a future case.
The Michigan Supreme Court's decision ultimately means that judges in the state cannot automatically ban legal recreational marijuana use for probationers simply because marijuana remains illegal under federal law.
The ruling could have broad implications for how probation is handled in Michigan, but leaves open the possibility that judges may still restrict marijuana use in specific cases for other reasons.
