969 N.W.2d 346
Mich. Ct. App.2021Background
- In June 2019 Michael Thue was involved in a road‑rage incident, pleaded guilty to assault and battery, and was sentenced to one year of probation.
- A probation condition prohibited Thue from using marijuana, explicitly including medical marijuana.
- Thue possessed a valid Michigan Medical Marijuana Act (MMMA) registry card and moved to modify probation to permit MMMA‑compliant use.
- The district court denied the motion, citing authority to restrict medication and an apparent circuit‑court policy forbidding probationers’ medical marijuana use; the circuit court denied leave to appeal.
- The Court of Appeals accepted review, concluded the issue is capable of repetition yet likely to evade review, and reversed the district court—holding MMMA‑compliant use cannot be forbidden as a probation condition.
Issues
| Issue | Plaintiff's Argument (People) | Defendant's Argument (Thue) | Held |
|---|---|---|---|
| Whether a probation condition banning medical‑marijuana use conflicts with the MMMA | Trial courts may impose medication restrictions as reasonable probation conditions | MMMA grants immunity from "arrest, prosecution, or penalty in any manner" to registry card holders; probation revocation would be a prohibited penalty | Condition prohibiting MMMA‑compliant use conflicts with MMMA and is unenforceable (preempted) |
| Whether revocation of probation for MMMA‑compliant use constitutes a "penalty" under MMMA §4(a) | Revocation is a permissible sanction for probation violations | Revocation is a penalty/denial of privilege and thus barred by MMMA immunity | Revocation for MMMA‑compliant use is a "penalty" and violates MMMA §4(a) |
| Justiciability: Is the appeal moot because probation term likely expired? | Probation likely ended, so relief may be moot | Thue argued the issue remains justiciable because it is capable of repetition yet evades review | Court found issue capable of repetition and of public significance, so case is not moot |
Key Cases Cited
- Ter Beek v. City of Wyoming, 495 Mich. 1 (2014) (MMMA immunity provision preempts local laws that penalize MMMA‑compliant use)
- People v. Koon, 494 Mich. 1 (2013) (MMMA supersedes conflicting state statutes, including zero‑tolerance vehicle code provision)
- People v. Latz, 318 Mich. App. 380 (2016) (statutes that punish MMMA‑compliant transportation/use of marijuana conflict with MMMA)
- Reed‑Kaliher v. Hoggatt, 237 Ariz. 119 (2015) (Arizona Supreme Court: probation conditions revoking probation for AMMA‑compliant use are unenforceable)
- Gass v. 52nd Judicial Dist., 232 A.3d 706 (Pa. 2020) (policy banning probationers’ medical marijuana use violated state medical‑marijuana act immunity)