Pubdate: Thu, 17 Jan 2008 Source: Billings Gazette, The (MT) Copyright: 2008 The Billings Gazette Contact: http://www.billingsgazette.com/ Details: http://www.mapinc.org/media/515 Author: Pam Bunke Note: Pam Bunke is administrator of the Adult Community Corrections Division of the Department of Corrections in Helena. Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) DOC SETS LEGAL, REASONABLE RULES FOR PAROLEES The Department of Corrections is not trying to ban the use of medical marijuana by offenders on probation or parole, as some have asserted. The proposed administrative rule change for these offenders does not blindly forbid such use. Rather, as with all standard restrictions placed on probationers and parolees, it allows for exceptions. The department wants to revise its standard rules of supervision to address concerns over the effect of marijuana use on public safety and the rehabilitation potential for offenders. The department developed these rules in order to maintain an effective system of probation and parole. Probationers and parolees are individuals who, because they committed crimes, are subject to restrictions in exchange for being allowed to live in the community. They are criminals - some coming from prison - serving sentences for their crimes, and they do not share all the freedoms that ordinary citizens enjoy. That is necessary to provide a level of public safety that Montanans deserve. Existing rules already mandate, among other things, that offenders report to a probation and parole officer on a regular basis, stay employed, don't move without permission, are subject to search, cannot possess weapons and obey all laws. A judge or the Board of Pardons and Parole may exclude an offender from any of these standard conditions if the offender makes a good case. If "no medical marijuana" is added as a standard rule, an offender can be exempted if he or she presents a compelling case. An estimated nine out every 10 offenders have some kind of substance-abuse problem and that presents a serious problem for probation and parole officers charged with supervising them in the community. Without assurance that access to medical marijuana is appropriate and justified, these offenders can suffer severe setbacks in their efforts to be productive, law-abiding citizens. That sometimes means more crime and more victims. The department's proposed rule merely reflects Montana law by striving to ensure that only appropriate people are allowed to use this drug. Under the proposal, a probationer or parolee still can use medical marijuana. All he or she must do is present the case to a judge or the parole board. This is a reasonable requirement. The judge or parole board does not substitute its decision for that of a physician. The judge or board ensures the physician recommending marijuana use is aware of the offender's legal status and substance abuse or addiction history. The physician then assures the judge or board that, considering all these factors, marijuana is the right drug for the offender and will not hinder rehabilitation. The department has a legal and moral obligation to help rehabilitate offenders. If they are able to smoke marijuana without a simple review of the merits, accountability is absent. This is not a "one-size-fits-all" rule, and it is no ban. It simply says that medical marijuana for offenders is an issue that should be reviewed on a case-by-case basis so that the best interests of an offender - medical condition, addiction risks and rehabilitation needs - can be balanced with public safety. Pam Bunke is administrator of the Adult Community Corrections Division of the Department of Corrections in Helena. - --- MAP posted-by: Jo-D