by Ben Horner
Michigan Court of Appeals decided Thue vs The State of Michigan, by reversing the lower courts decision to deny Michael Thue from using his medical marijuana while on probation in a published decision. A published opinion sets a precedent that when cited by a defendant or ones attorney, should allow the defendant to use medical marijuana while on probation. Unfortunately, probation officers, lawyers and judges in Michigan continue to deny medical marihuana patients their rights.
“Some lawyers just don’t know what they are doing,” explained Thue. “They send requests to medical marijuana patient’s doctors for letters and send court questioner forms, often for drug court or probation violations. If they understand the published opinion, the lawyers would just insist that the medical marijuana card is enough.”
Medical marijuana patents are reporting that the court systems are ignoring the Thue decision and denying them their right to use their medicine or issuing an order against the individual based on the medical marijuana status. If a bad decision is appealed it could lead to a new published opinion that goes against the Thue decision in some way.
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