Although the use of medical marijuana for therapeutic purposes has been authorized for almost ten years, some New Yorkers on probation continue to have trouble using their prescribed medications. “If people have a medical marijuana card, they should be able to use it. When you deny them access to plant medicine, you’re essentially pushing them toward prescribed opioids.
which are, as we know, not as safe as medical marijuana,” said Julie Garcia, a private practicing attorney in Warren County and other counties throughout the North Country. She is currently engaged in a legal struggle to enforce cannabis legislation 127’s requirement that individuals on probation have reasonable access to the marijuana they are medically prescribed.
They are allowed to use their card if they have one. To the judge, probation, or the district attorney’s office, they are not required to divulge HIPAA-protected material. There you go. Individuals merely need to present documentation proving they are licensed medicinal marijuana patients, according to Julie Garcia.
She objects to Warren County probationers being compelled to provide the judge with personal medical records in order to obtain authorization. She added that the judge would then determine whether or not to allow the person to take their medication.
Unless it has been demonstrated by clear and persuasive evidence that the restriction is properly related to the underlying offense, a person’s use of cannabis or action under this chapter is not illegal, according to Law 127. One probationer with back issues was denied access, which is when Julie Garcia filed a lawsuit.
Following her challenge, that patient received approval; nevertheless, she believes that not everyone is on the same page as a whole. Hence, I believed that by asking for a meeting, we could have a discussion because listen. Because lawyers don’t always interpret laws the same way, it’s possible that they have a different interpretation of the law than I do.
According to a Warren County representative, “The Warren County Probation Department cannot discuss specific instances, but we can assure the public that our staff complies with all applicable New York State laws and court procedures addressing oversight of probationers.” Garcia is meeting with the judge and the Warren County District Attorney’s office to go through the specifics of the cannabis legalization process.
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