The Michigan Supreme Court has issued a unanimous ruling that could significantly change how probation is administered across the state, holding that judges cannot automatically prohibit probationers from using recreational marijuana that is legal under Michigan law simply because it remains illegal under federal law.
The decision came in the case of Danielle Heaven-Leah Hess, who was serving probation after pleading guilty to third-degree retail fraud. As part of her probation, Hess was ordered not to use marijuana. After testing positive twice, she argued that her marijuana use was lawful under Michigan's recreational marijuana law and should not subject her to additional penalties.
Lower courts rejected her argument, relying on a Michigan probation statute requiring probationers to obey federal law, where marijuana remains classified as an illegal controlled substance.
The Michigan Supreme Court disagreed.
In its opinion, the court concluded that the Michigan Regulation and Taxation of Marihuana Act was enacted specifically to protect adults from state penalties for lawful recreational marijuana use. The justices ruled that those protections cannot be overridden simply by pointing to federal marijuana laws.
The ruling means judges may no longer impose blanket marijuana bans on probationers solely because cannabis remains illegal under federal law. Instead, any restrictions on marijuana use must be supported by legitimate case-specific reasons rather than a general reference to federal law.
The court stopped short of saying judges can never restrict marijuana use during probation. It noted that future cases may determine whether such restrictions are appropriate when tied to rehabilitation, substance abuse treatment, public safety concerns, or offenses involving marijuana.
Legal experts say the decision reinforces the growing divide between Michigan's marijuana laws and federal policy. Since voters legalized recreational cannabis in 2018, Michigan courts have continued to address how state legalization affects criminal justice proceedings.
The ruling is expected to influence probation practices throughout Michigan by requiring judges to evaluate marijuana restrictions on an individual basis rather than applying them automatically.
While the decision strengthens protections for adults legally using recreational marijuana under Michigan law, it also leaves unanswered questions that will likely be resolved through future court cases. Those decisions could further define when, if ever, marijuana use may still be limited as a condition of probation.
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