According to last week’s report from the Santa Fe New Mexican, New Mexico’s district court judge gave a verdict that the Metropolitan Detention Center of Bernalillo County must permit eligible medical marijuana inmates to get their medicine.
This comes after Joe Montano’s 2019 drunk-driving conviction. He was permitted to serve his 3-month jail sentence at home; however, he was prohibited from consuming any illicit drugs. Joe, one of New Mexico’s registered patients, used marijuana as advised by his physician and was consequently jailed for a month for infringing the rules of his home arrest.
The lawyers of Bernalillo County claimed that since marijuana is still federally prohibited, Joe’s consumption was a breach of the law, which is against his agreement to obey all county, state, city, and federal ordinances and laws.
Another district judge, Solimon Lucy, concluded that New Mexico’s medical marijuana regulation allowed folks within state custody (including those in jail, probation, or house arrest) who are eligible for the measure to acquire medicinal marijuana.
State senator Candelaria Jacob, who was also the lawyer defending Montano, asserted that the verdict shows no bias under the Medicinal Cannabis Act regarding people in the criminal justice department.
Last year, the legislature passed a reform that enables access to medical marijuana by people on parole, under custody, serving probation, or under the federal or national government’s supervision awaiting trial.
Consequently, the state Corrections Agency gave counsel enabling registered patients on probation or parole to ingest legally-acquired marijuana without a penalty.
Candelaria disclosed his plans to inform New Mexico’s prisons and jails to adhere to the 2nd Circuit Verdict. He went on to say that in case these detention centers fail to comply with the ruling, more litigation will follow suit.