Lebanon County judge: People on probation can't use medical marijuana

Nora Shelly and Andrew Kulp

A Lebanon judge issued a policy earlier this month that prohibits people under county supervision from using medical marijuana, even if it goes against doctor's orders.

The policy, which is dated Sept. 1, states that "Lebanon County Probation Services shall not permit the active use of medical marijuana, regardless of whether the defendant has a medical marijuana card," according to a copy obtained by the Lebanon Daily News.

Those on probation using medical marijuana have 30 days to discontinue use, according to the policy.

President Judge John C. Tylwalk, who signed the policy, could not be reached for comment before publication time.

The policy notes that people under supervision can still use CBD hemp oil, which was recently made legal on the federal level as part of the 2018 Farm Bill. Any products from a marijuana plant - which is closely related to a hemp plant - are considered to be Schedule 1 drugs under the Federally Controlled Substances Act.

"Since marijuana use (medical or recreational) is deemed illegal under federal law, the court and probation department should not knowingly allow violations of the law to occur, the prohibition against such use is required," the policy states.

The Lebanon County municipal building

Nora Shelly 

 

A 28-year-old Lebanon man on probation for a DUI offense said he was taken aback when he heard of the policy. The man, who asked that his name not be used for fear of retribution, said he uses medical marijuana to treat anxiety and insomnia.

The man said despite the new policy, he has no intention to stop using medical marijuana.

"I'm going to have to stand my ground," he said. "If that means going to jail, then it is what it is."

Sen. Folmer: 'It doesn't make any sense'

State Sen. Mike Folmer, who represents Lebanon County and co-sponsored the senate bill to legalize medical marijuana, said he doesn't understand why Lebanon County would prohibit people with cards from using medical marijuana.

Someone who has gone through the legal process to get their medical marijuana card shouldn't be penalized just because they are under county supervision, Folmer said.

"This person is trying to get their life together, he's trying to do the right thing, and he went through the legal process," Folmer said. "Why would we want to waste money and put him back in jail again? It doesn't make any sense. This is ridiculous."

Folmer said he is hoping to talk to Tylwalk about the policy.

There was inevitably going to be some bugs in the process to legalize medical marijuana, Folmer said.

"We knew there were some things we had to fine-tune on this, and this is one of the things we're gonna have to," he said.