One question that’s come up recently around my office is whether probationers in Arkansas will be able to use medical marijuana.
The answer to that question is not as simple as it might seem. According to the good folks at Arkansas Community Correction (ACC) — the statewide organization responsible for supervising probationers — the problem with medical marijuana is that possession of the drug is a violation of federal law. One of the standard conditions of probation is that the probationer must follow all federal laws, meaning that even a valid medical marijuana card issued by Arkansas won’t automatically trump that particular condition.
The solution? According to the ACC, the individual circuit courts in the state have the authority to determine whether the standard condition should be modified so that medical marijuana can be used by a person on probation. In other words, whether a person can use medical marijuana while on probation should be decided on a case-by-case basis.
Keep in mind that this is all developing law as the legal system will have to deal with some unique questions related to medical marijuana.
The Nobles Law Firm — on behalf of a client — filed a petition this week asking that a probationer be allowed to use medical marijuana as that treatment has been prescribed by his doctor and he does possess a valid card issued by the state. Will that petition be granted? Stay tuned!
Update — the Court did deny the aforementioned petition and Arkansas Attorney General Leslie Rutledge has given her opinion on whether probationers can use medical marijuana. Click here for more details.
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