A county in Pennsylvania overstepped when it enacted a policy that punished those on probation who used lawful Medical Marijuana. The Supreme Court of Pennsylvania in the Middle District ruled that judges and probation officers in Lebanon County may not deny those on probation access to Medical Marijuana or punish them for its use.
Lebanon County officials had claimed, among other arguments, that some individuals under court supervision have a history of marijuana abuse; and, that medical marijuana is not accessed with a prescription but is only a medical recommendation.
Lebanon had also been requiring people on probation with legally-obtained Medical Marijuana cards to testify at a hearing as to their medical need before those probationers could continue treatment.
The state Supreme Court said those probationers couldn’t be punished or denied use of Medical Marijuana. The Court said that county officials could verify the validity of a probationer’s Medical Marijuana card through the state Department of Health.
Pennsylvania approved the use of medical marijuana in 2016 for those suffering from cancer, epilepsy, glaucoma and other disorders and illnesses whose medical providers issued a certification of medical need.
The drug is provided at a limited number of licensed dispensaries, in specified forms, and only to those with state-provided Medical Marijuana identification cards.