Minnesota Offenders on Parole Can Now Consume Medical Cannabis
The Minnesota Department of Corrections (DOC) has come to a decision that as of April 1, paroled offenders can use medical cannabis in accordance with state law.
According to Mankato Free Press, the policy reform will allow parolees to consume medical cannabis, provided they are registered with the Minnesota Department of Health, hold a valid prescription and have the necessary documents required by the parole agent. However, this policy does not pertain to parolees who have been barred by the district court from using controlled-substances while on probation.
According to the Minnesota Department of Health’s website, “For a patient to receive medical cannabis, the law requires that a licensed health care practitioner certify that the patient has one or more of the qualifying conditions,” yet the former policy did not allow parolees to use medical cannabis in spite of possessing a doctor’s prescription that established the legitimacy of their need to consume the plant.
Minnesota Lawyer reports that the DOC’s policy change has been brought forth by a lawsuit filed by a Mankato law firm on behalf of Darrell Schmidt, an offender who the DOC released on Intensive Supervised Release on March 2, 2017.
Schmidt was prescribed medical cannabis to treat his depression, insomnia, post-traumatic stress and anxiety disorders on April 4, 2018. But he was denied his medication as drug tests are a prerequisite for parole and testing positive for cannabis can land a parolee back in prison.
Schmidt’s lawsuit stated that DOC is infringing Schmidt’s rights under the Minnesota Medical Cannabis Therapeutic Research Act which allows a registered patient to use medical cannabis. “[A] parole officer or other employee of the Minnesota Department of Corrections cannot hide behind a claimed danger of potential civil or criminal liability in allowing the usage [of medical cannabis] as the Act specifically exempts them from any civil and criminal liability or prescribing, allowing prescriptions, or allowing use by enrollee,” the lawsuit states.
The charge urged the Carver County district to reform this policy that is inconsistent with the state’s medical cannabis law and Attorney Patrick Casey has announced at the pretrial hearing last week that DOC is obligated to do so officially this April.
