A state district judge in Albuquerque ruled this week that Bernalillo Countyâs Metropolitan Detention Center must allow qualifying patients access to medical marijuana, in a victory for advocates that could have far-reaching implications for jails and prisons.
It was unclear whether correctional facilities statewide would voluntarily comply with the ruling. But state Sen. Jacob Candelaria, D-Albuquerque, an attorney who represented a defendant in the DWI case that led to the decision, said he intends to send notice to jails and prisons asking them to comply.
Candelaria said the ruling issued Tuesday creates a clear precedent that patients â even those who are incarcerated â must be allowed access to medical cannabis regardless of whether theyâre at home or in a prison cell.
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A New Mexico state district judge ruled this week that detainees in Bernalillo County’s house arrest program are allowed to use medical cannabis while serving out their sentence.
In her ruling, Second Judicial District Judge Lucy Solimon wrote that Bernalillo County’s Community Custody Program (CCP) is, in effect, the same as parole. New Mexico’s Lynn and Erin Compassionate Use Act, as of 2019, allows medical cannabis patients who are on parole or probation to continue their use of medical cannabis.
“Although CCP is not specifically mentioned in the Compassionate Use Act, [Bernalillo] County fails to demonstrate that CCP should be treated differently than probation or parole,” Solomon wrote. “Therefore, it appears as though the Compassionate Use Act does apply to defendants on CCP as it does to defendants on probation or parole.
New Mexico judge affirms inmates, parolees have right to use medical cannabis santafenewmexican.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from santafenewmexican.com Daily Mail and Mail on Sunday newspapers.
Albuquerque inmates’ right to medical marijuana affirmed
January 1, 2021 GMT
ALBUQUERQUE, N.M. (AP) A state district judge in Albuquerque has ruled this week that the Bernalillo County Metropolitan Detention Center should not penalize medical marijuana patients under its custody or supervision for using the drug.
District Court Judge Lucy Solimon said the order, issued Tuesday, applies specifically to the Metropolitan Detention Center southwest of Albuquerque. Facility spokeswoman Julia Rivera told the Albuquerque Journal that the jail will “follow the law.”
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The decision stems from a drunken driving case where Albuquerque resident Joe Montaño, 49, who was convicted and sentenced to 90 days of house arrest in October 2019, was thrown in jail in November 2019 for having medical marijuana as a licensed patient. He was released in January 2020.