The Michigan Supreme Court has ruled that courts cannot prohibit people on probation from using marijuana that is legal under state law solely because cannabis remains illegal federally.
The unanimous ruling came in the case of Danielle Heaven-Leah Hess, who was sentenced to probation after pleading guilty to third-degree retail fraud. As part of her probation, Hess was barred from using marijuana, despite Michigan voters legalizing recreational marijuana in 2018.
After testing positive for marijuana while on probation, Hess challenged the restriction, arguing that her use was protected under the Michigan Regulation and Taxation of Marihuana Act. Lower courts rejected the argument, pointing to a state probation law requiring people on probation to obey federal law.
The state’s highest court disagreed, finding that Michigan’s voter-approved legalization law protects adults from being penalized under state law for marijuana use that complies with the act. The court said federal prohibition does not erase those state-level protections.
The justices also found that when Michigan’s marijuana law conflicts with other state laws, the marijuana law controls. As a result, courts may not impose a blanket probation condition banning otherwise legal marijuana use based only on marijuana’s status under federal law.
However, the court stopped short of saying judges can never restrict marijuana use while someone is on probation. The ruling leaves open the possibility that courts may impose marijuana-related restrictions in specific cases, such as when they are tied to rehabilitation or treatment.
The case will now return to the lower court for further proceedings.
