People v. Hess

Summary

In a unanimous opinion by Justice Welch, the Michigan Supreme Court reversed the Court of Appeals and held that a trial court may not prohibit MRTMA-compliant marijuana use as a probation condition solely because such use violates federal law. Applying the preemption framework of Ter Beek v City of Wyoming, the Court concluded that the federal Controlled Substances Act does not preempt MCL 333.27955(1) of the MRTMA, and that the probation act is inconsistent with the MRTMA to the extent it incorporates federal marijuana prohibitions, so under MCL 333.27954(5) the MRTMA controls. The Court remanded for reconsideration of the defendant's motions while expressly leaving open whether and when MRTMA-compliant marijuana use may be barred as a discretionary condition under MCL 771.3(3). No separate opinions were filed.