Last year I was sentenced on the crime of drunk driving. The Judge put me on probation, and as part of my probation she ordered me not to use any illegal drugs. I just recently obtained my medical marijuana card. Although I am still on probation I can smoke medical marijuana now that I have my card, right?


Not necessarily. Often Judges will order probationers to refrain from not only illegal drugs but medical marijuana while on probation. Just because you now have your card does not mean that the Judge cannot prohibit you from using it while on probation. When you are on probation, a Judge can restrict you from engaging in certain activities that normally would be legal. For example, a Judge has the discretion to prohibit use of alcohol by someone 21 and over who is on probation for drunk driving. Don’t make any assumptions about your situation. A probation violation can result in jail, and therefore it is not a situation where you want to act without consulting a professional. An attorney can properly advise you based on the specific facts of your case, and can file a motion on your behalf requesting that the Judge allow you to use medical marijuana while on probation. If you or someone you know is in a situation like this call me today. I am here, and I can help.

Paige Favio is with the law firm of Matecun, Thomas & Olson, PLC in Howell. She answers readers’ questions on legal matters affecting individuals, their families and their businesses. Email questions to [email protected], or if your question is urgent, call (517) 548-7400. The information in this column is not intended as legal advice.

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