More Medical Marijuana

I had another case recently involving medical marijuana. My client along with his girlfriend parked their car on an out of the way dirt road near Ypsilanti.
While parked, they smoke a joint for which he had a medical marijuana card. One thing led to another, and about an hour later an Ypsilanti police officer noticed through the rear window of the car, two heads bobbing up and down. Approaching the car, she observed both my client and his girlfriend naked doing what comes naturally when you are in that state of undress. After asking them to get dressed, asking my client if he had smoked marijuana in the car to which he replied yes, and him turning over a small amount of marijuana to her, she issued a possession of marijuana ticket to my client and told him to go home. Oddly, even though he admitted he had just smoked, she didn’t cite him for driving under the influence of drugs or even suggest he not drive.

While there was some talk of fighting this in Court, after all, he did have a MMA card, the law is pretty clear that you cannot smoke weed in a public place and parked, even on a deserted country road, is considered public. He pleaded guilty to possession and was sentenced under HYTA, the Youth Training Act. If he completes probation, the charge will be dismissed and there will be no record of a conviction. When I asked the Judge if he could continue to use marijuana while on probation, the Judge said that if my client could produce a letter from his doctor stating that marijuana was the best drug for his condition, then he could continue to use the drug.

My client could not get the letter. In fact, his treating physician refused to sign his certification originally, when asked. To obtain the certification my client had gone to one of these guys who advertise in the weekly Metro Times, see the patient for 15 minutes, and sign the certification. Unfortunately, Judges are not stupid and are starting to enforce the MMA for the reasons it was passed. Not to allow people who smoke weed to avoid prosecution but with the understanding that marijuana does have some therapeutic benefits for people; those undergoing chemo or patients with glaucoma, and those people will be able to use marijuana in their homes.

Bottom line, even if you have an MMA card, marijuana is still illegal. So use your head, be discreet, don’t drive if you smoke, and again understand, that even with the MMA, marijuana is still against the law.