New Mexico Judge Rules Inmates Have A Right To Medical Cannabis

After authorities learned of Montaño’s use of medical marijuana, he was jailed for more than 30 days for violating the terms of his sentence. A state district judge in New Mexico has ruled that inmates and parolees have a right to use medical marijuana and that correctional institutions must provide access to cannabis to qualified patients, even if they are behind bars. Because until such time as the Legislature changes the law, the law is clear: You must under existing law provide incarcerated persons with the ability to access medical cannabis free from penalty. Attorneys for Bernalillo County argued that because cannabis is still illegal under federal law, Montaño’s use of medical marijuana “was a violation of law contrary to his agreement to comply with all city, county, state and federal laws and ordinances.” Solimon ruled that as a qualified medical marijuana patient, Montaño had the right to use medical marijuana under New Mexico law. You must allow this,” Candelaria said. “While the criminal industrial complex may have pushback or some concerns — take those to the Legislature.