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.
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MAP posted-by: Jo-D