Can Arkansas probationers use medical marijuana?

One question that’s come up recently around my office is whether probationers in Arkansas will be able to use medical marijuana. The answer to that question is not as simple as it might seem. According to the good folks at Arkansas Community Correction (ACC) — the statewide organization responsible for supervising probationers — the problem with medical marijuana is that possession of the drug is a violation of federal law. One of the standard conditions of probation is that the probationer must follow all federal laws, meaning that even a valid medical marijuana card issued by Arkansas won’t automatically trump that particular condition. The solution? According to the ACC, the individual circuit courts in the state have the authority to determine whether the standard condition should be modified so that medical marijuana can be used by a person on probation. In other words, whether a person can use medical marijuana while on probation should be decided…

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