Charleston, WV: Judges may prohibit people on probation from using medical marijuana despite the state’s decision to legalize and regulate the substance, according to a recent ruling by the state Supreme Court.

The Court determined that the West Virginia Cannabis Act, which lawmakers passed in 2016, “does not supersede or prevent a circuit court from requiring a probationer to refrain from using marijuana as a condition of his or her release on probation, even when the probationer has qualified as a ‘patient’ and obtained an identification card pursuant to the Cannabis Act.” 

That’s because state law mandates that a “probationer may not, during the term of his or her probation, violate any criminal law of this or any other state or of the United States.” Marijuana remains classified under federal law as a Schedule I prohibited substance. 

The Court further opined that judges possess the authority to impose conditions restricting probationers’ conduct if those “conditions generally focus on goals such as rehabilitation, deterring criminal behavior, and protecting the public.”

“Just as reasonable conditions restricting a probationer’s association with certain persons does not conflict with the Constitution’s guarantee of free association, prohibiting [the defendant’] use of medical cannabis through a probation condition imposed pursuant to West Virginia Code § 62-12-9 does not conflict with [state’s medical marijuana law] and the ‘notwithstanding’ clause in the latter provision does not apply,” it concluded.

The Court’s ruling contrasts decisions rendered in some other states, including Pennsylvania and Michigan, which have rejected arguments that those on probation can be restricted from accessing medical cannabis. Last year, Maine lawmakers enacted legislation limiting the ability of courts to order those on probation, parole, or pre-trial release to refrain from the use of cannabis.

The case is West Virginia v. Schober.