Pennsylvania Allows Use of Medical Cannabis by People on Probation

Translated from High Times website

The Pennsylvania Supreme Court overturned a Lebanon County policy last Thursday (18) that prohibited the use of medical marijuana by individuals on probation.

The policy also applied to those who had a state-issued identification card authorizing the use of the medication.

The unanimous decision was issued by the court and applies to all 67 counties in Pennsylvania.

"This decision provides additional validation that marijuana is medicine and that Pennsylvanians who rely on it should not have their rights denied," said Paul Armentano, deputy director of the National Organization for the Reform of Marijuana Laws.

The case stems from a 2019 policy issued by Judge John Tylwalk of Lebanon County, which prohibited those supervised by the county's probation department from using medical marijuana.

The decision even applied to those with a doctor's recommendation and a state identification card.

Tylwalk cited the federal marijuana ban as justification for the policy.

The judge stated that the probation department "should not knowingly allow law violations to occur."

The American Civil Liberties Union (ACLU), representing three medical marijuana patients affected by the ban, sued for its repeal.

The patients use medical marijuana for a variety of conditions, including epilepsy, nausea, and chronic pain.

ACLU lawyers argued that the 2016 law establishing Pennsylvania's medical marijuana program provided registered patients with "immense immunity" from prosecution and other penalties.

The judges stated that "the Pennsylvania Legislature acted within its independent power to define state criminal law and promote the health and well-being of citizens."

Big Win for Medical Marijuana Patients

Following the decision, Reggie Shuford, executive director of the ACLU of Pennsylvania, praised the ruling by the state Supreme Court.

"This is a big win for people who rely on medical marijuana to treat their medical conditions," said Shuford.

"We are grateful for the judges understanding the clear intent of the legislature that individuals who legally use this treatment should not be punished for it."

One of the plaintiffs in the case, Melissa Gass, who has multiple seizures daily without the medication, said, "Medical marijuana allows me to be a mother and grandmother."

"I had to fight for my life and for the lives of other people who are helped by medical cannabis. I am incredibly grateful for this outcome," she said in a statement released by the ACLU.