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Medical Marijuana for Incarcerated Patients A New Mexico judge has ruled in favor of incarcerated persons who are medical marijuana card holders such that they can use their medicine while in prison. District Court Judge Lucy Solimon has now set precedent for medical care for those in jail or prison or on probation on the heels of reported incidents of correctional officers confiscating medical cannabis products from patients. This most recent case follows Joe Montaño who was the unlucky victim of a correctional officer confiscating his medical marijuana while Joe was serving a ninety-day sentence of home confinement. New Mexico’s Lynn and Erin Compassionate Use Act (2019) allows for medical cannabis to be administered by patients who are on parole or probation. ....
January 1, 2021 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. The issue of whether medical cannabis patients on house arrest can use medical cannabis goes back to 2019 wh ....
Associated Press U.S. Rep.-elect Yvette Herrell of New Mexico says she ll be among Republican members of Congress who will formally object on Wednesday to the certification of the Electoral College tally of votes. Herrell said Thursday on Facebook that she would vote against certifying the Electoral College results in which President-elect Joe Biden defeated President Donald Trump, the Roswell Daily Record reported. Herrell in November unseated first-term incumbent Democrat Xochitl Torres Small to represent the 2nd Congressional District in central and southern New Mexico. Herrell is set to be sworn into office on Sunday, three days before House and Senate hold a joint session to certify the vote results. ....
An MDC spokeswoman said the facility will comply with the order. Joe Montaño, 49, pleaded guilty to one count of aggravated DWI and in October 2019 was sentenced to serve 90 days in MDC’s Community Custody Program, which allows people to serve their sentence on house arrest instead of in jail, followed by 12 months of supervised probation. Montaño has had a valid medical marijuana card since 2015, court documents show. In November 2019, CCP officers found marijuana in Montano’s possession and forced him to serve the rest of his 90-day CCP sentence in MDC custody, according to court documents. He was released in January 2020. ....
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. ....