The drug crime lawyer Grand Rapids MI relies on discusses the impact of legalization of marijuana on probationers
Blanchard Law, the drug crime lawyer Grand Rapids, MI trusts to defend the most serious drug cases, wants to advise probationers about the impact of the legalization of recreational marijuana in Michigan on probationers.
Because recreational use and possession of marijuana is now legal in Michigan, many people who are placed on probation for drug crimes or other crimes might now assume that they will have the ability to use recreational marijuana without penalty. Unfortunately, in most courts, this will not be the case.
It is a common term and condition of probation to prohibit the use of substances while on probation. This frequently includes both marijuana and alcohol. Theoretically, probation terms and conditions should be connected to preventing conditions that led the probationer to commit the underlying crime in the first place, so these conditions ought only be imposed when the underlying crime had some connection to substance use and/or abuse. However, it is common for many judges in Grand Rapids MI and the surrounding areas to impose terms and conditions of probation that prevent the use of alcohol or marijuana, even when those things have nothing to do with the commission of the underlying offense.
If you have pled guilty to a crime, and wish to consume alcohol or marijuana during the period of your probation, this is likely a term and condition that you will have to challenge upfront, at the time of your sentencing. Waiting to challenge the condition until you violate it is a surefire way to get yourself sentenced to incarceration. You should contact a Grand Rapids MI drug crime lawyer to assist you with challenging the probation term at the time of sentencing.
Simply because you challenge the term and condition of probation does not mean that you will be successful in preventing the judge from imposing it. You should take steps to make a case about why you should not be prevented from using these substances while on probation. In the case of marijuana use, it may be better for you to rely on legal medical use of marijuana rather than on the recreational statute. Even though it might seem unnecessary to obtain a medical marijuana card in light of the fact that recreational marijuana has been legalized, a judge might be more inclined to permit your use of marijuana while on probation in the event that you can show that the use of marijuana is medically necessary, or at least beneficial.
If you are on probation and have been ordered not to use marijuana, you need to stop your use of marijuana immediately. A positive test for marijuana will likely result in incarceration, additional fines and costs, and potentially revocation of your probation. The best thing that you can do is to abstain from the use of marijuana until you are released from probation, or until your lawyer can convince the judge that the term prohibiting marijuana use should be modified.
If you have been charged with a drug crime in Grand Rapids, MI, contact the drug crime lawyer Grand Rapids, MI relies on to defend their cases. Reach Blanchard Law today at 616-773-2945.