Sydney Cantor: Medical Marijuana and Probation Conditions Restricting Drug Use in New York

Sydney Cantor: Medical Marijuana and Probation Conditions Restricting Drug Use in New York
CANNANNEW REPORT

 Sydney Cantor The 2018 case of People v. Stanton, 60 Misc. 3d 1020, 80 N.Y.S.3d 888 (N.Y. Co. Ct. 2018), sets a New York standard for probationers who rely on medical marijuana for pain management, holding that individuals on probation for a non-drug related offense may use medical marijuana during their probationary period even if the initial conditions of their probation barred the use of illicit drugs. Issue Can an individual on felony probation for a non-drug related offense, the terms of which require them to abstain from using alcohol or any illicit substances, amend their probationary sentence to allow for the use of prescribed medical marijuana? Ruling An individual on felony probation for a non-drug related offense may be allowed to amend their probationary sentence to allow for the use of prescribed medical marijuana, so long as they obtain the prescription from a licensed physician, they are not found with any marijuana aside from the prescribed dose, and they continue to abide by any other rules set out by their probationary sentence. Analysis In this case, the court ruled that an individual on probation for a non-drug related offense in New York may be allowed to use prescribed medical marijuana during their probationary period regardless of conditions that require them to abstain from using illicit drugs. The court looked to outside state precedent to fill the gap in New York’s Public Health Law regarding this issue, since no New York precedent had been set due to the rather recent legalization of medical marijuana. New York Public Health Law §3369 outlines the protection given to individuals who are prescribed medical marijuana, stating that a “certified patient” is protected from arrest, prosecution, or penalty in any manner that is solely related to their medical marijuana usage. Id. at 1022. A certified patient is defined…

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Source : Sydney Cantor: Medical Marijuana and Probation Conditions Restricting Drug Use in New York

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