Using Medical Marijuana on Probation: Benefits, Risks & How to Stay Legal

Medical marijuana (MMJ has become the go-to medicine in recent years as a treatment for various medical conditions, including chronic pain and PTSD, or for managing symptoms like anxiety, nausea, digestion, and depression. However, using MMJ can be complicated and may carry legal risks if you are on probation. In this article, we will explore the benefits and risks of using MMJ while on probation, the importance of having a legal letter from a physician in such cases, and the process involved. We will also provide you with the information you need to make an informed decision for your individual circumstance.

Legalize marijuana

The Role of Physicians in the Michigan Medical Marijuana Act

Under the Michigan Medical Marijuana Act, physicians play an essential role in determining a patient’s medical qualification for the use of medical marijuana. However, a physician’s role is limited to reviewing medical conditions and determining if the patient has a medical qualification under the statute.


It is important to remember that a physician can not prescribe or recommend a specific dosage or strain. Under the Michigan Medical Marihuana Act (MMMA), a physician’s role is ONLY to review the patient medical conditions and determine if the patient has a qualifying medical condition under the Statute. Without the proper legal documentation, your doctor provides, you can find yourself in a “pickle.” Make sure you work with a provider to write the letter for you. 

Legal Letters for Medical Marijuana and Probation in Michigan

Since marijuana has been made recreationally “legal” in the state of MI, people with any legal trouble, not just drug-related issues but people on probation, are running into problems when not having the proper medical documentation, and probation officers will not allow people to use MMJ, even with a medical card unless patients get a letter from their certifying doctor. Some judges require a detailed letter to support an MMJ card. (even though the card is state-issued and approved under state law). 


Certain counties or judges in Michigan cause more hassle to patients on probation than others. For example, Genesee County is the most forgiving, whereas Oakland County and Lapeer are known to be very strict and unforgiving.

What is a Legal Letter for Medical Marijuana and Probation?

A legal letter for medical marijuana and probation is a document that outlines a patient’s medical qualification for the use of medical marijuana. The purpose of this letter is to provide proof of a patient’s medical condition and to support their medical marijuana card. Probation officers and judges in Michigan often require a more detailed letter from a physician instead of a simple medical marijuana card. This can be particularly challenging for medical marijuana patients on probation. 

Understanding MMJ Laws

Before we dive into the specifics of using MMJ while on probation, it is important to understand the laws surrounding MMJ use. As of February 2023, in the United States, MMJ has been legalized in 37 states, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, and the Northern Mariana Islands. The laws and regulations surrounding MMJ use vary significantly from state to state.

Requirements for Writing a Court/Probation Letter

To write a court/probation letter, the patient must provide medical records to the physician. The medical records must support the legal letter and include information such as the patient’s medical history, diagnosis, and treatments. The physician will review the medical records and write a letter supporting the patient’s medical marijuana card.

Court of Law and Justice

Use of MMJ in Michigan While on Probation; Court Ruling

Michigan In the People v. Thue (COA 353978) decision in 2021, the Michigan Court of Appeals ruled that it is not lawful to prohibit the use of MMJ by an individual on probation. There is one catch: you must provide the court with medical documentation, like a physician’s letter explaining why you were prescribed it. You will be required to provide caregiver information if you grow your plants and your valid medical card as well. As a caregiver, you must pay particular attention to not going over state limits on how much you grow and dried flowers in your possession. 

FAS marijuana law

It is important to note that while medical cannabis may be legal in Michigan, it is still considered a Schedule I substance by the federal government, meaning it is illegal under federal law. Most Michigan judges want medical documentation with a physician’s letter to allow those on probation to continue to use MMJ. This creates a complex legal situation for those who use MMJ, especially those on probation.


The Benefits of MMJ for Probationers

For those who are on probation, marijuana can offer several benefits. For example, it has been shown to help many people manage medical conditions such as chronic pain, anxiety, and depression, which can all be common issues for those on probation. By managing these conditions, MMJ can help to reduce the risk of turning to other dangerous prescription narcotics, relapse, or having a poor quality of life. In some cases, it might even keep probationers on track with their recovery.


In addition, MMJ can also help reduce stress and anxiety levels, which can be particularly important for those undergoing the stress and uncertainty of being on probation. MMJ can also help improve sleep, which can benefit overall health and well-being.

The Risks of MMJ for Probationers

While there are certainly benefits to using MMJ while on probation, there are also risks. For example, if you use MMJ while on probation, you may violate your probation agreement and face legal consequences. MMJ use can also result in a positive drug test, which could have legal implications.


Furthermore, MMJ can also adversely affect cognitive function, including impaired memory and decreased attention span. This can make it difficult for those on probation to follow through with the requirements of their probation agreement, including maintaining employment and participating in substance abuse treatment.

Risk assessment
legalization of marijuana and Cannabis


While there are certainly benefits to using MMJ while on probation, there are also risks. It is essential to carefully weigh the pros and cons of using MMJ while on probation. Seek the guidance of a medical provider willing to provide the documentation necessary so you don’t violate probation. With proper medical documentation, those on probation can continue to consume MMJ and not deviate from their medical provider’s treatment plan.


A legal letter from a physician is crucial for medical marijuana patients on probation in Michigan who want to prevent any unnecessary risk from occuring. This document provides proof of a patient’s medical condition and supports their medical marijuana card. Our services can assist patients needing a legal letter and ensure that their access to medical marijuana is protected. We encourage patients to seek assistance if they have a legal dispute jeopardizing their access to medical marijuana.


Article Reviewed by

Dr. Richard Koffler

Richard Koffler, MD
NPI Number 1467557264

  • Dr. Koffler is a Physiatrist, specializing in Physical Medicine & Rehabilitation. 
  • Graduated from the Sackler School of Medicine at Tel Aviv University in 1993 Dr. Koffler completed a one-year internship in internal medicine at Roosevelt Hospital in New York City. 
  • Residency in Physical Medicine and Rehabilitation at the Rusk Institute at NYU Medical Center in New York City. Board certified in 1998. 
  • Trained in acupuncture at Helms Medical Institute at UCLA His medical practice incorporates proven conventional western medicine integrating eastern alternative practices. 
  • Medical Director of several medical clinics in NYC, Stamford CT, and Miami Beach, FL.

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