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The supreme court said this law presumes (assumes) that a criminal defendant may continue the authorized use of medical marijuana while on probation. Before the court can rule otherwise, it is up to the prosecutor to present specific evidence that prohibiting medical marijuana use is “necessary and appropriate to accomplish the goals of sentencing.” The supreme court said that a prosecutor could use evidence from the presentence investigation report, the defendant’s criminal history, or an evaluation like a drug and alcohol presentence evaluation to support his or her argument that a prohibition against medical marijuana is needed in a particular case. But future defendants with state-issued medical marijuana authorization cards will not need to bring their doctors to court to defend their right to take medical marijuana while on probation.

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gregorysonn1

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3y ago

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