Earlier this week, Arizona’s Supreme Court ruled that convicted felons can use medical marijuana even while they are still on probation, as long as they have a medical marijuana card. Considering the the state’s Medical Marijuana Act, the court ruled in favor of two plaintiffs who were previously prohibited from using pot for medical reasons during their respective probation periods.
Keenan Reed-Kaliher spent a year and a half in prison for possession of marijuana for sale. Upon his release, a probation officer told him that consuming pot for medical purposes was out of the question, even though he was in possession of a card. On Tuesday, the state’s Supreme Court held the ruling of the Court of Appeals, which said, “[I]f the state extends a plea offer that includes probation, it cannot condition the plea on acceptance of a probationary term that would prohibit a qualified patient from using medical marijuana.”
In another case heard by the high court, Jennifer Lee Ferrell, who was charged with a DUI in 2012, would not agree to the terms of a plea agreement that barred her from using pot — even though she was in possession of a card. As a result, prosecutors withdrew the plea deal. But the Arizona Supreme Court also ruled that she was entitled to use pot for medical purposes, as long as she had the card.
Carlos Alfaro, the Arizona Political Director for Marijuana Policy Project, views the rulings as groundbreaking. “Now they’re being treated like actual patients with the right to their own medicine,” he told ThinkProgress. “Policies like these open up the mentality of people toward marijuana use as medicine, but also change the mindset for future legalization.”
A poll from Arizona State University’s Morrison Institute for Public Policy found that 45 percent of respondents would “make all marijuana use legal for those 18 years of age and older,” while 42 percent would only permit it for medical reasons.
Last year, Pew Research Center concluded that a slim majority of Americans — 52 percent — favor pot legalization. Twenty-three states and D.C. permit medical marijuana use, and 76 percent of doctors say they would prescribe it to patients. But there are still significant barriers to accessing and dispensing medical cannabis, not the least of which is the fact that the federal government has dubbed marijuana a Schedule 1 drug with no medical benefits. As a result, insurers choose not to cover it, making prescriptions financially cumbersome.
According to Alfaro, Arizona lawmakers are still closed off to reform, so marijuana proponents are gunning for a 2016 ballot initiative to legalize recreational use. But as public opinion shifts ahead of the next general election season, candidates running for a political seat may have to come out in favor of legalization, if they hope to win voter support.