Medicinal Marijuana Approved for Use with Prop 36

The California Court of Appeal ruled recently that the use of medicinal marijuana is not an automatic violation of probation for non-violent drug offenders participating in “Prop 36” programs. California Proposition 36, the Substance Abuse and Crime Prevention Act of 2000, was an initiative passed by voters into law that allows qualifying defendants convicted of non-violent drug offenses to complete drug treatment programs in lieu of incarceration. If a participant violates any terms of the probation, which include regular drug tests, he or she will be found in violation of probation and be required to serve a prison or jail sentence.

In the case of People v. Beaty, decided by the Court of Appeal on January 28, 2010, the defendant had been convicted of possession of methamphetamine. The trial court suspended the imposition of a prison sentence and allowed Beaty to participate in the Prop 36 program. The terms of the probation included the usual restrictions on the use of any unauthorized drugs.

As a result of a motorcycle accident in 1998, Beaty was disabled and had been legally prescribed medicinal marijuana to combat his chronic pain. Throughout his intake process and participation in the Prop 36 program, he disclosed his daily use of marijuana to his counselors at the drug treatment center. Unsurprisingly, his drug tests came back positive for marijuana, a purported violation of the terms of his probation. Based on expert testimony that the use of marijuana was “mind altering, habit-forming, and used daily,” the trial court determined that the use of the drug, despite the fact it was legally prescribed, was a violation of Beaty’s probation.

Beaty appealed the decision of the trial court that his use of medicinal marijuana was a violation of his probation. Fortunately, the appellate court agreed with him. Comparing the use of marijuana to Adderall, another mind altering, habit forming drug used daily (to treat attention deficit disorder), the court determined that the use of legally prescribed medicinal marijuana should not be an automatic violation of the terms of probation for the Prop 36 program.

As a result of this decision, thousands of people eligible for Prop 36 will not have to suffer unnecessarily by being either being denied their rights to access safe, approved prescription medication, or by flouting the law and being locked up as a result of attempting to ease their suffering. Undoubtedly, this is a step further in the right direction in allowing for the controlled use of marijuana for medicinal purposes.

For the full text of the opinion, click here.