Inmates' Access to Medical Marijuana: A Complex Legal Reality
The debate over the access of inmates to medical marijuana is multifaceted and subject to legal complexities, particularly given the status of cannabis under federal law.
Federal Legality and Institutional Policies
While cannabis has become legal in many states for medical and recreational use, it remains classified as a Schedule I drug by the federal government. This classification means that it is considered highly dangerous and has no accepted medical use. As a result, any federal institution, including prisons, is at liberty to ban cannabis use and mandate drug testing of employees and inmates.
Several years ago, when I witnessed a temporary staffing agency in Colorado, I encountered job positions such as "night janitor" that outright disqualify applicants with a history of cannabis use. These positions often require drug tests as a condition of employment. Even if medical marijuana is legal in a particular state, its use by inmates remains strictly prohibited in federal prisons, where such contracts preclude any form of cannabis usage.
Medical Marijuana and Disability
There is a possibility for inmates with disabilities that require the use of medical marijuana to bring a case to defend their use. However, they must provide testimony from their doctors that there are no effective medical alternatives. The situation would require an extremely unique and severe set of circumstances to prevail, and even then, the inmate might be considered unqualified for certain jobs that require sobriety.
Subsidized Housing and Access Barriers
Furthermore, individuals residing in subsidized housing are often prohibited from using medical marijuana within their home. Non-compliance can lead to immediate eviction, as seen with a mentally ill 70-year-old woman in San Quentin who was evicted from her apartment for using medical marijuana. She was forced to wait for accommodation at a shelter, which she found undesirable due to systemic theft of her belongings.
The lack of access to medical marijuana in prison settings poses significant health risks for inmates, as it may exacerbate the symptoms of their illnesses or even lead to fatalities. Advocates argue that if medical marijuana were available, it could significantly reduce anger and aggression within prison populations. Many inmates already rely on cannabis as a form of self-medication throughout their adult lives.
Current Legal Status and Future Prospects
Given the ongoing legal challenges and the questionable acceptance of cannabis as a valid treatment for certain medical conditions, the use of medical marijuana within prisons is unlikely to become standard practice until the federal stance on cannabis changes.
With the potential for reducing tension in prison environments, offering medical marijuana to inmates should be considered a matter of public health and welfare. This step could further underpin the argument that cannabis has medical benefits that go beyond its legal status.
In conclusion, while the use of medical marijuana by inmates remains legally restricted, the pragmatic benefits of its availability are undeniable. Future policies and legal changes could pave the way for more humane and effective medical practices within correctional facilities.