DOC SETS LEGAL, REASONABLE RULES FOR PAROLEES

The Department of Corrections is not trying to ban the use of medical
marijuana by offenders on probation or parole, as some have asserted. The
proposed administrative rule change for these offenders does not blindly
forbid such use. Rather, as with all standard restrictions placed
on probationers and parolees, it allows for exceptions.

The department wants to revise its standard rules of supervision to
address concerns over the effect of marijuana use on public safety and the
rehabilitation potential for offenders. The department developed
these rules in order to maintain an effective system of probation and parole.

Probationers and parolees are individuals who, because they committed
crimes, are subject to restrictions in exchange for being allowed to live
in the community. They are criminals - some coming from prison -
serving sentences for their crimes, and they do not share all the
freedoms that ordinary citizens enjoy. That is necessary to provide a
level of public safety that Montanans deserve.

Existing rules already mandate, among other things, that offenders report
to a probation and parole officer on a regular basis, stay employed, don't
move without permission, are subject to search, cannot possess weapons
and obey all laws. A judge or the Board of Pardons and Parole may exclude
an offender from any of these standard conditions if the offender makes a
good case. If "no medical marijuana" is added as a standard rule, an
offender can be exempted if he or she presents a compelling case.

An estimated nine out every 10 offenders have some kind of substance-abuse
problem and that presents a serious problem for probation and parole
officers charged with supervising them in the community. Without
assurance that access to medical marijuana is appropriate and justified,
these offenders can suffer severe setbacks in their efforts to be
productive, law-abiding citizens. That sometimes means more crime and
more victims.

The department's proposed rule merely reflects Montana law by striving to
ensure that only appropriate people are allowed to use this drug. Under
the proposal, a probationer or parolee still can use medical
marijuana. All he or she must do is present the case to a judge or the
parole board. This is a reasonable requirement.

The judge or parole board does not substitute its decision for that of a
physician. The judge or board ensures the physician recommending marijuana
use is aware of the offender's legal status and substance abuse or
addiction history. The physician then assures the judge or board that,
considering all these factors, marijuana is the right drug for the
offender and will not hinder rehabilitation.

The department has a legal and moral obligation to help rehabilitate
offenders. If they are able to smoke marijuana without a simple review of
the merits, accountability is absent. This is not a "one-size-fits-all"
rule, and it is no ban. It simply says that medical marijuana for
offenders is an issue that should be reviewed on a case-by-case basis so
that the best interests of an offender - medical condition, addiction
risks and rehabilitation needs - can be balanced with public safety.

Pam Bunke is administrator of the Adult Community Corrections Division of
the Department of Corrections in Helena.