I just opened a can on a prosecutor and judge. My client plead guilty to a MJ and booze dui and part of his probation is the requirement that he not consume MJ or ethanol. He has a MMJ card that has been prescribed by a licensed doctor in lieu of opiates for a major back injury. The prosecutor and the judge tried to tell him that he would face jail time (for probation violation) if he consumed MMJ per his doctor's advice.
The prosecutor had the balls to say, "Everyone knows that Medical Marijuana is a scam where you just pay so you can get high."
I was not having it and argued that it is not the place of the courts or prosecutors to second guess the legislature and undercut the advice of state licensed medical professionals. Furthermore, recreational marijuana is legal, why would someone spend the time to get a doctors rec if they can just go to the store to buy it. I said that the medical marijuana laws are still very gray and a case like this is perfect for the state supreme court to set the record straight about prosecutors and judges trying to interfere with medical advice.
The judge agreed.