Arizona Bill Would Ban Medical Cannabis as a Condition of Probation
Rep. Vince Leach introduced House Bill 2068 on Jan. 3, which would ban Arizona residents who are on probation or parole from consuming or possessing medical cannabis, regardless of what medical conditions they have.
Under the proposed bill, a patient “may be prohibited from possessing or using medical marijuana pursuant to this chapter as a condition of the person’s probation, community supervision or parole.”
The issue of consuming medical cannabis while on probation was already settled in Arizona back in 2015. The Arizona Supreme Court barred courts and prosecutors from denying medical cannabis as a term of probation. Leach’s new bill would reverse one of two 2015 rulings, Reed-Kaliher v. Hoggatt, in which Arizona Supreme Court justices ruled that even those convicted of violent crimes should have access to medical cannabis if they have a legitimate need.
The Arizona Medical Marijuana Act (AMMA) was approved by voters in 2010, meaning that under Arizona law, it would take three-quarters of a majority in order to alter AMMA in any way.
Other medical cannabis states have tackled the issue of probation requirements. Michigan, for instance, has taken up the issue, but the court sided with the probation requirements, disallowing a man to continue taking medical cannabis during his three-year probation.
Previously, Leach launched other attempts to thwart or restrict Arizona’s medical cannabis program. Leach’s bills, including House Bill 2618, would have restricted where dispensaries can relocate.
According to the Center for Economic and Policy Research, the cost of probation is 20 times cheaper than the cost of housing inmates in prison. But being on probation could mean the loss of medication for patients that consume medical cannabis.
A person’s criminal past has nothing to do with the legitimacy of their need for medical cannabis. Local attorneys who are familiar with the issue are doubtful that the bill will pick up traction.
