Michigan Court Finds MMJ Patients Cannot Smoke Weed in Cars

Michigan medical marijuana patients can no longer seek stoned refuge inside their vehicle while parked outside a public place. Earlier last week, the state’s Court of Appeals found that medicating in a car outside an establishment frequented by the public was not an acceptable interpretation of private use.

In a decision of 2 to 1, two of the three judges decided that the state’s medical marijuana laws do not protect MMJ cardholders from laws associated with public consumption – even when their personal vehicle is being used.

“The lot remains a public place and the fact that a person in a vehicle occupies a place that can be characterized as private in some limited sense does not alter the fact that the person is at the same time located in a public place,” the judges wrote.

“And, as with the bathroom stall, whether the members of the general public are able to see the person smoking medical marijuana does not alter the public character of the place.”

However, one judge ruled that a patient’s vehicle could be construed as a private place, especially considering that the law prohibits marijuana consumption on public transportation.

“The majority looks only at whether the vehicle itself is in a place defined as public,” he continued. “But the statutory language leaves open the possibility that in some circumstances a private vehicle can constitute a ‘private place’ even though it is located in an area to which the public has access.”

Ultimately, the court found that “smoking marijuana in a public place should continue to be criminally prosecuted, even when done for a medical purpose.”