- In some states, people on probation or parole have restricted access to medical cannabis.
- The best way to determine your eligibility is to speak with your probation officer, your parole officer, or the judge in charge of your case.
If you’re serving probation or parole and you want to apply for a medical card in Louisiana, you may be wondering if your legal status changes your eligibility.
The short answer is that it might.
Patients’ access to medical marijuana depends on their state’s laws, and this is also true for people on probation and parole.
While Louisiana laws don’t specifically forbid people serving probation or parole from getting their medical marijuana cards, other states have imposed restrictions—not to mention that people serving sentences in these ways should take additional precautions.
In this guide, we’re breaking it all down for potential cannabis patients: what the laws say in Louisiana and other states, how to get a medical card if you’re on probation or parole, and due diligence measures to take if you’re approved for medical cannabis.
Medical Marijuana and Parole or Probation: Considerations for Patients
Your access to medical cannabis as someone on parole or probation will depend on your state’s laws and other factors.
Let’s start with legal breakdowns for Louisiana and other states.
Louisiana State Laws
Technically speaking, people on probation and parole are allowed to apply for medical cards in Louisiana.
At present (and at the time of this writing), Louisiana laws do not prevent anyone serving parole or probation from getting a medical card and accessing medical marijuana via legal pharmacies.
However, cannabis regulations are still evolving in Louisiana, so it’s critical to review up-to-date legislation if:
- Your legal status changes and you already have a medical card
- You want to pursue a medical card while serving probation or parole
- You’re the caretaker of a person serving parole or probation considering medical marijuana treatment
Even though it’s technically legal, anyone serving these types of sentences should take more measures and precautions than people who aren’t serving—we’ll touch on these later.
Laws in Other States with Medical Marijuana Programs
What do state laws say outside of Louisiana? Here’s an overview of other state regulations:
Key Steps for Patients on Parole or Probation
With the above considerations in mind, what should people on probation or parole do if they’re interested in pursuing a medical marijuana card during their sentence? Here’s a look at the process.
Speak to Your Probation or Parole Officer
You’ll notice that the list above contains numerous qualifiers like “in some cases.” This means that some states prevent some parolees or probationers (but not all) from accessing medical cannabis.
A state might not allow someone on probation or parole to access marijuana if:
- The court has deemed them a danger to themself or others
- The person was charged with drug-related crimes
- They don’t have a significant medical need
How will you know if one of these restrictions applies to you? By talking to your parole or probation officer.
This is the first step for anyone on probation or parole—talk to the person handling your case who has a clear understanding of the laws around observation-based sentences. Even if your state would allow you to use medical cannabis, your parole or probation officer will help you decide if pursuing a medical card is worth the risk and your time.
Consult the Judge Assigned to Your Case
In some scenarios, your probation or parole officer may recommend that you file a motion with the judge assigned to your case.
This motion would give you a chance to:
- Explain your medical need for cannabis
- Get express permission from the judge assigned to your case
- Have that permission confirmed in writing
Simply put, a judge’s permission to use medical cannabis is critical. If you’re interested in using medical cannabis during your sentence, this is a vital step in the process that will help you protect yourself from further incarceration.
Make an Appointment with a Healthcare Provider
Once you’ve received permission in writing from a judge, the next step is applying for a medical card.
Most states require applicants to:
- Visit with a healthcare provider
- Get a written recommendation for medical cannabis
- Provide that recommendation, identifying documents, and other details to the state
In some cases, your provider may be able to help you complete and submit your application. But your cannabis-informed provider will also play a critical role throughout your healing journey; they’ll help you create a treatment plan, refine your dosage and administration strategy, and achieve your health and wellness goals.
Due Diligence for Patients on Parole or Probation
If you’re on parole or probation, you’ll likely be under the watchful eye of your state’s legal system. Since medical cannabis remains a hot-button issue in some states, you should take extra due diligence measures to protect yourself if you choose to register for your state’s medical marijuana program:
- Never drive under the influence. Driving under the influence of marijuana could jeopardize both your permission to use cannabis and your legal standing, and it’s highly unsafe. Never drive high.
- Never exceed your prescription volume. Since you may be subject to unexpected home searches, take care to follow your state’s possession limits. While these are difficult to enforce for many patients, people on parole or probation will face additional scrutiny.
- Protect yourself legally. Using medical marijuana while on probation or parole—while allowed in many states—is legally risky since marijuana remains federally illegal. Consider retaining an attorney to help you navigate this process, cut red tape, and protect yourself as much as possible.
Start Your Medical Cannabis Journey with TeleLeaf
Medical marijuana has offered revolutionary healing results for people looking for plant-based, all-natural solutions. But if you’re on parole or probation, choosing this healing route can incur legal risks—or it may not be an option until your sentence is complete.
When you need help navigating complex laws surrounding medical cannabis, you need a community of providers and patients who are on your side every step of the way—and that’s what makes TeleLeaf the best online medical marijuana card service on the market today.
Our providers can help you achieve your health goals outside of the Western medicine model. Ready to pave the way to healing? Make your first appointment now.
Sources:
Louisiana State Legislature. Therapeutic Use of Marijuana.
https://www.legis.la.gov/Legis/Law.aspx?d=96986
Prison Legal News. Washington DOC Ends Marijuana Testing for Parolees.
https://www.prisonlegalnews.org/news/2016/jun/3/washington-doc-ends-marijuana-testing-parolees
Oregon Board of Parole and Post-Prison Supervision. Recreational Marijuana Possession and Use.
https://www.oregon.gov/boppps/Documents/Supervision/RecreationalMarijuanaPolicy.pdf
McElfresh Law. Medical Marijuana and Probation.
https://www.criminallawyersandiego.com/
Las Vegas Sun. Board Says No Recreational Marijuana for Parolees.
https://lasvegassun.com/
State of Hawaii. SB2212.
https://www.capitol.hawaii.gov
Alaska State Legislature. CSSB 30.
https://www.akleg.gov/
Oswalt Law Group. Arizona Supreme Court Probationer Medical Marijuana Ruling.
https://oswaltlawgroup.com/blog/arizona-supreme-court-probationer-medical-marijuana-ruling/
New Mexico Political Report. Protections for Cannabis Patients Don’t Extend to Those On House Arrest.
https://nmpoliticalreport.com
Stephen W. Howard, PC. Utah 2018 Medical Marijuana Initiative.
https://www.howarddefense.com/utah-criminal-defense-lawyer-faq/medical-marijuana-intiative-probation-terms.html
Sawyer Legal Group. Marijuana, Weed, and Pot on Probation in Denver.
https://www.denvercriminalattorneylawyer.com/practice-areas/marijuana-weed-and-pot-on-probation-in-denver
NBC. Montana House: Allow Probationers to Use Medical Marijuana.
https://nbcmontana.com/news/local/montana-house-allow-probationers-to-use-medical-marijuana
South Dakota Searchlight. State Senate votes to put up ‘guardrails’ on medical pot for ex-inmates.
https://southdakotasearchlight.com/2024/02/20/state-senate-votes-to-put-up-guardrails-on-medical-pot-for-ex-inmates/
Arkansas Parole Board. Position of the Arkansas Parole Board Concerning Medical Use of Marijuana by Parolees.
https://doc.arkansas.gov/
Kentucky Legislature. Corrections Impact Statement.
https://apps.legislature.ky.gov/recorddocuments/note/22RS/hb224/CI.pdf/
West Virginia Office of Cannabis. Act/Rules.
https://omc.wv.gov/
Kansas City Star. Missouri Amendment 3 Would Clear Many Weed Charges. What Vote Means for Criminal Justice.
https://www.kansascity.com/news/local/article266180736.html
The Law Offices of Jessica Koester. Marijuana and Alcohol Use By Probationers in Illinois.
https://www.koester-law.com/blog/2023/05/marijuana-and-alcohol-use-by-probationers-in-illinois/
Davis Law Group. Can I Use Medical Marijuana on Probation?
https://www.michigancriminallawyer.com/can-i-use-medical-marijuana-on-probation/
Spaulding & Kitzler. Medical Marijuana Laws in Ohio and What You Need to Know.
https://spauldingandkitzler.com/
13 News. Will Virginia’s New Marijuana Laws Affect Probation and Parole? ACLU Explains How.
https://www.13newsnow.com/
Maryland General Assembly. Legislation: HB0980.
https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/hb0980?ys=2023RS
Neff & Sedacca, PC. Cannabis and Consequences from a Criminal Defense Perspective.
https://neffsedacca.com/cannabis-consequences-from-a-criminal-defense-perspective/
ACLU Pennsylvania. Pennsylvania Supreme Court Strikes Down Lebanon County Ban on Medical Marijuana for People on Probation.
https://www.aclupa.org/en/press-releases/pennsylvania-supreme-court-strikes-down-lebanon-county-ban-medical-marijuana-people
ABC News 10. Those on Probation Denied Medical Marijuana.
https://www.news10.com/news/those-on-probation-denied-medical-marijuana
State of Connecticut. SB1201.
https://cga.ct.gov/2021/BA/PDF/2021SB-01201-R01SS1-BA.PDF
Delaware Cannabis Information. Delaware Marijuana Laws 2024.
https://delawarestatecannabis.org/laws
Rhode Island Department of State. Rules and Regulations Related to the Medical Marijuana Program Administered by the Office of Cannabis Regulation at the Department of Business Regulation.
https://rules.sos.ri.gov/regulations/part/230-80-05-1/
Commonwealth of Massachusetts. General Law, Section 87A.
https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/Section87A
Barr, Sternberg, Moss, Silver, and Munson. Using Marijuana While on Parole.
https://www.barrsternberg.com/2018/08/16/using-marijuana-while-on-parole/
NORML. Maine: Legislation Becomes Law Amending Rules Regarding Cannabis Use While on Probation.
https://norml.org/news/2023/07/06/maine-legislation-becomes-law-amending-rules-regarding-cannabis-use-while-on-probation/
Salnick Law, PA. Is It a Probation Violation to Use Medical Marijuana?
https://www.palmbeachcriminallawfirms.com/is-it-a-probation-violation-to-use-medical-marijuana/
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