Webinar: The Use of Medical Marijuana and CBD in the Courts

This webinar is hosted by Thermo Fisher Scientific. The webinar was recorded in 2022.

Speaker: Mary Celeste
Duration: 1 hour

Overview:

Many policies regarding medical marijuana and CBD use in the courts are in flux. In some instances, the use of CBD is resulting in a positive THC test which may result in probation revocations and terminations from treatment courts. Some policies are beginning to develop as state and appellate case decisions and statutory schemes evolve. Some treatment courts deny while others permit participant entry of medical marijuana users. Medical marijuana use is also sometimes permitted while on probation, diversion/deferred sentencing, parole, and pretrial release. With some nuance, the rationale for the court positions typically falls upon a myriad of approaches, which include the federal illegality of marijuana, the court’s reliance on the state medical marijuana laws, whether the underlying convictions are marijuana related, the treatment of medical marijuana as a prescription medication, the sole discretion of the court and constitutional considerations.

This webinar discusses the current status of medical marijuana and CBD use in treatment courts as well as probation, parole and pretrial release and diversion/deferred sentencing by reviewing developing case law and applicable state and federal legislative schemes. How are the courts going to traverse the formation of medical marijuana use and CBD policies? Should the courts await a decision by their state supreme courts or the U.S. Supreme Court? Or should the courts begin to synthesize their state and appellate case law and develop policies through their state court administrative offices or chief justices of their state supreme courts? Should all the courts forgo all other approaches safe for judicial discretion based upon the totality of the circumstances? Whatever the direction, these policies are becoming more and more essential.Complete the form below to access the webinar recording.

CE credit not available for this webinar.

Mary Celeste
Judge (retired)