“Because marijuana use remains illegal under federal law, standard supervision conditions may prohibit consumption.”
By Sephria Reynolds-Tanner, Reason Foundation
Medical marijuana is legal in 47 states, the District of Columbia and three U.S. territories. Yet for millions of Americans on probation or parole suffering from qualifying conditions like chronic pain, post-traumatic stress disorder and anxiety, that legalization is worth very little in practice. In many states, people on probation and parole are forbidden to use medical marijuana, even when legally recommended by a physician.
It’s an oversight that state lawmakers need to address.
Nearly four million adults in the United States are on probation or parole, almost double the number of people held in jails and prisons combined. Because marijuana use remains illegal under federal law, standard supervision conditions may prohibit consumption. A positive drug test can trigger a violation of probation or parole and result in jail or prison time.
In 2023, states collectively spent an estimated $3 billion re-incarcerating people for “technical violations,” such as missing a check-in appointment or failing a drug test. The exact share attributable to marijuana-related test failures is unknown because agencies do not collect substance-specific violation data. But, because marijuana is the most
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