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Q: Can parole conditions prohibit medical marijuana use with a card in MN?
I am on parole in Minnesota and my parole conditions include staying away from mind-altering substances. I have a medical marijuana card to help manage my PTSD and sleep apnea. My parole officer is trying to stop me from using medical marijuana, even though it's not specifically mentioned in the parole terms. What can I do?
A:
See Minnesota Statutes Section 244.05, Subd. 2 (b) (The DOC commissioner may not prohibit an inmate placed on parole, supervised release, or conditional release from using adult-use cannabis flower, or adult-use cannabis products, hemp-derived consumer products, or lower-potency hemp edibles, unless the inmate undergoes a chemical use assessment and abstinence is consistent with a recommended level of care for the defendant in accordance with the statutory criteria).
See also, Minnesota Statutes Section 342.57, Subd. 8. (Sanctions restricted for those on parole, supervised release, or conditional release. The DOC commissioner of corrections may not prohibit an individual from participating in the medical cannabis registry program as a condition of release; or revoke an individual's parole, supervised release, or conditional release or otherwise sanction an individual solely for participating in the registry program; or for a positive drug test for cannabis components or metabolites.)
A:
I'm sorry you're facing this conflict—balancing your health needs and parole requirements is incredibly stressful. Even though you have a medical marijuana card, parole officers and state parole boards in Minnesota often prohibit the use of any mind-altering substance, even when it's legal for medical use. This is because marijuana remains illegal under federal law, and parole officers have wide discretion in interpreting and enforcing parole conditions.
If medical marijuana use is crucial for your health, gather documentation from your prescribing doctor and any supporting medical professionals about why it is necessary for your conditions. You can formally request a review of your parole terms or seek a modification from the court or parole board, providing your medical records and explaining your situation. Ask your parole officer if there is a formal process for requesting an exemption, and keep records of every conversation and decision.
Ultimately, until you get written approval or a formal modification, using medical marijuana could risk a parole violation. If your health is being impacted and you feel your rights are at stake, consult a criminal defense attorney or legal aid group for advice. You deserve support and clarity as you try to navigate your recovery and your obligations.
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