CORRECTIONS PROPOSES MEDICINAL MARIJUANA BAN FOR STATE PAROLEES

A Department of Corrections proposal to prohibit all people on parole
or probation from obtaining medical marijuana, drinking alcohol or
gambling brought stiff resistance from several groups at a rules
hearing Thursday.

An attorney for the American Civil Liberties Union of Montana called
the proposed ban on medical marijuana "flawed in nearly every aspect."

It is contrary to current state law, sentencing rules, and runs up
against the Montana Constitution, said Elizabeth Griffing.

"It's almost as if the Department of Corrections is trying to
obliquely regulate medical marijuana," she told a hearings officer.
"This is just an overreaching of your authority and
jurisdiction."

Sentencing judges can ban convicts from drinking, gambling or most
anything else -- if they find a connection between the activity and
the crime, the lawyer said.

But the agency says it needs to take the extra step of banning certain
behavior for everyone under its supervision. And an addiction
counselor said it makes sense to ban gambling because it can create
problems.

Public defenders and medical marijuana advocates also oppose the new
rules, saying such prohibitions should continue to be made on a
case-by-case basis.

As more states have adopted medical marijuana laws, it has created
friction with federal authorities who police the drug. Alsbury cited
the federal stance as a factor in adopting the rule.

The agency said alcohol and drug use causes higher recidivism rates.
And since marijuana is considered illegal by the federal government in
any situation, confusion is created for those on probation or parole.

Medical marijuana was legalized by Montana voters in 2004 and the
agency has no business siding with the federal government in the
ongoing issue and can't unilaterally change state law, medical
marijuana advocates argued. If a doctor prescribes marijuana, the
agency has no business saying its use is unwarranted.

"I just want to emphasize that under state law it is not illegal. And
the department is a state agency," said Tom Daubert, who worked on the
statewide initiative and now is with a medical marijuana advocacy
group called Patients and Families United.

The agency can change the proposal based on the comments, or move
ahead as planned. And an interim legislative committee can step in, if
it chooses, to review the proposed rule before the agency adopts it.

There are 572 people in Montana registered to receive medical
marijuana, according to the state. The state does not track how many
parolees are on the list.