Medical Marijuana Card Versus a No-Substance Bond Condition

Attorney Answer

No — not until a judge changes your bond order. Getting a card does not amend a condition of release, and only the court that imposed the condition can lift it.

MCR 6.106(D) lists the conditions a court may impose on pretrial release, including that a defendant not use alcohol or illicitly use any controlled substance, and that the defendant submit to substance-abuse testing or treatment. MCR 6.106(I) allows the court to issue an arrest warrant, revoke the release order and declare bail or bond forfeited when a defendant fails to comply with a condition of release. That is the risk you are weighing — not a new charge, but losing your release while your case is pending.

The law underneath is genuinely unsettled, and you should not be told otherwise. Under the Michigan Medical Marihuana Act, MCL 333.26421 et seq., a qualifying patient holding a registry identification card "is not subject to arrest, prosecution, or penalty in any manner" for medical use in accordance with the Act — MCL 333.26424(a). In People v Thue, 336 Mich App 35; 969 NW2d 346 (2021), the Court of Appeals held that a probation condition barring a registered patient's Act-compliant use conflicts with the Act, and that revoking probation for such use is a prohibited penalty. But no Michigan appellate decision has extended Thue to conditions of pretrial release. So the argument that your card should override the condition is a real one — it is simply not yours to decide while the order stands.

Note too that your bond bars "recreational" marijuana. Recreational use is governed by a different act from the medical one, and the card you obtained is a medical registry card. That ambiguity is for the judge to resolve, not for you to resolve in your own favour.

What you can do

1. Do not use, in any form, until you have an amended order in your hand. Assume you will be tested. 2. Have your lawyer file a motion to amend the bond conditions under MCR 6.106, attaching your registry card, and raise Thue. 3. If your lawyer is away, call the office and ask whoever is covering to file it. This does not need to wait for one person to return. 4. Do not rely on a verbal "that's fine" from a bond officer, a probation officer or a clerk. Get it in the order, signed. 5. Keep documentation of your card's issue date, in case a test result later has to be explained. 6. Keep in mind that your driving case and your bond conditions are separate matters, and any notice you received about your licence carries its own deadline.