JUDGES SNUFFING OUT PROBATIONERS' MEDICAL MARIJUANA

ADRIAN, Mich. - Medical marijuana users who run afoul of the law are
discovering probation is an antidote to their certification cards.

An Adrian man was warned against applying for a medical marijuana
card when he was placed on probation Thursday for a cocaine offense.
Growing and using marijuana is still against federal law, said
Lenawee County Circuit Judge Timothy P. Pickard. And the state
medical use program does not seem to be restricting certification to
the seriously ill.

"I don't buy it," Pickard said during the sentencing. "It seems to be
an excuse for everybody to light up and smoke dope."

Pickard, Lenawee County's chief judge, said Friday the courts have no
policy ruling out all use of medical marijuana for people on
probation. But he has to be convinced there is a legitimate need, he said.

Regulations written by the state after a medical marijuana ballot
proposal was passed by voters in 2008 do not require a prescription.
Citizens can apply for certification cards with only a signed
statement from a physician saying it may benefit their medical condition.

Probation terms can restrict otherwise legal behavior, Pickard said,
such as drinking alcohol or associating with people having felony
records. And it would be difficult to excuse violating federal law by
growing and using marijuana while on probation.

Pickard said he will still consider approving medical marijuana use
for probationers whose convictions are not drug-related and who can
show evidence of a serious medical condition that can be treated with
marijuana.

If those conditions are met, "I'm fine with it," Pickard said. "That
doesn't seem to be the case. I haven't seen that yet."

A similar approach is being followed in district court, where
offenders frequently are required to surrender medical marijuana
cards as a condition of probation.

Chief probation officer Tony Gonzalez said district court has no
written probation policy on medical marijuana. Judges review it on a
case-by-case basis, he said.

"We're taking a hard stance on it," Gonzalez said. "If they're just
going out shopping for it, we tell them no."

The Michigan Depart-ment of Corrections also has no written policy on
how medical marijuana should be addressed for offenders placed on
probation, said department spokesman Russ Marlan.

"We certainly would never make a recommendation that somebody do
that," Marlan said. But it is left to local judges to decide if
medical marijuana is prohibited as a probation term.

There is a policy banning medical marijuana for offenders released
from prison on parole, Marlan said. It is standard condition that
parolees cannot use controlled substances or possess drug paraphernalia.

Department staff are also prohibited by policy from applying for
medical marijuana cards and using medical marijuana, he said.

"There's alternative forms of medical treatment," he said.