Court Tosses Lebanon County Ban On Probationers Using Medical Pot
Following the story on the blog last week regarding Lebanon County’s court system. Which had sought to prohibit medical marijuana use by people on probation and parole. The county court said that since marijuana use remains illegal under federal law, judges and the probation department “should not knowingly allow violations of law to occur.”
The Pennsylvania Supreme Court has struck down Lebanon County’s policy that forbade people on probation, and other forms of disciplinary supervision, from using cannabis if they are registered in Pennsylvania’s medical marijuana program. The justices said that probationers holding a valid medical marijuana card are immune from punishment under the state’s medical marijuana law.
Pennsylvania’s medical marijuana law permits legal use of the drug for a range of medical conditions, following certification from a doctor. The case was reviewed by the State’s highest court after Lebanon County Court had found that restrictions should be applied in the case of probation or parole, due to the federal marijuana laws. The county court said that since marijuana use remains illegal under federal law, Pennsylvania judges and the probation department “should not knowingly allow violations of law to occur.”
The finding is a positive step toward ensuring medical marijuana is available to all Pennsylvaniapatients with a qualifying condition, regardless of probationary or parolee status.