Legal Question in Criminal Law in Michigan

Obsessive Compulsive Disorder and Possession of Marijuana

I was arrested several nights ago for possession and use of marijuana in the student parking lot of my college. The campus police confiscated the two grams of marijuana I had on my person. After being handcuffed and placed in the police car I was questioned and eventually released with a ticket and an accompanying court date. My question arises not from the events of that night, but from my reason for use. I suffer from Obsessive Compulsive Disorder and I find that marijuana is the only thing that immediately relieves the symptoms. While it was obvious to me that this is not the most appropriate answer to my problem, the difficulty of dealing with OCD is letting people know you have the disorder. Approximately three weeks before I was arrested I began professional counseling for my problem. What I would like to know is if I can reduce the charges because of my situation, and possibly keep it off of my record.


Asked on 11/17/03, 3:04 pm

2 Answers from Attorneys
Henry J. Legere, Jr. Law Office of Henry J. Legere, Jr.

Re: Obsessive Compulsive Disorder and Possession of Marijuana

Michigan law allows that a single possession or use drug charge can be taken under advisement see MCL 333.7411. There is also the option of HYTA treatment which can leave you with no reportable record if successful. Depending on the court you can also get deferred treatment for the charge. The fact that you are in tratment bodes well for you. The OCD will have no effect with most prosecutors and judges. Good luck.

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Answered on 11/17/03, 6:16 pm
Eric I. Kutinsky THE MICHIGAN LEGAL TEAM, P.C.

Re: Obsessive Compulsive Disorder and Possession of Marijuana

There are a few statutes in MI that you may be able to take advantage of to keep your record clean. The fact that you suffer from OCD is not a legal defense. I would be glad to sit down with you and go over your options. Please feel free to contact my office to set up a free consultation. Eric I. Kutinsky, Esq. (248) 737-7000

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Answered on 11/20/03, 3:50 pm


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