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Who can use medical marijuana? Rules are different for this group of people

A Pennsylvania Supreme Court case could soon decide if a group of people can or cannot have access to medical marijuana across the state. And FOX43 uncovered th...

A Pennsylvania Supreme Court case could soon decide if a group of people can or cannot have access to medical marijuana across the state. And FOX43 uncovered the rules are different, depending on where people live.

The case centers around a policy set by President Judge John Tylwalk in Lebanon County that would block anyone on probation from using medical marijuana, even if they have a card. But, FOX43's Jamie Bittner uncovered Lebanon County is not the only county in Pennsylvania that has this type of policy.

Policies that prohibit the use of medical marijuana while on probation are also in place in Chester, Jefferson, Lycoming and Potter. Other policies in 12 other counties only allow the use of medical marijuana by people on probation case-by-case.

Of Pennsylvania's 67 counties, only McKean officials did not issue a response on its medical marijuana probation policy, despite multiple requests made by the Administrative Office of Pennsylvania Courts on behalf of FOX43.

Read the policies obtained by FOX43's Jamie Bittner county-by-county below:

1) ADAMS
Click here.

2) ALLEGHENY
Click here.

3) ARMSTRONG
Click here.

4) BEAVER
"As per our conversation, in Beaver County we made the decision early on to treat medical marijuana like any other prescription. As long as the medication is prescribed by an authorized physician and is being used properly we felt we could not/should not interfere with the prescribing doctors’ orders. Please contact me if you have any other questions or concerns." -Don Neill, Director, Beaver County APO

5) BEDFORD
"We received your request. The president judge is currently working on developing a policy, but none is in place at this time." - Josh Lang, Chairman, Bedford County Commissioner

6) BERKS
"Offenders under supervision of the Berks County Probation and Parole Department (adult and juvenile) are permitted to use medical marijuana provided they show proof of a current medical marijuana patient identification card." -Robert N. Williams, Chief Probation and Parole Officer, Berks County Probation and Parole Department

Credit: FOX43
Who can use medical marijuana? Rules are different for this group of people

7) BLAIR
"Blair County Adult Probation Position on Medical Marijuana Use: If an individual on Blair County standard probation has a disability or medical condition such that they are prescribed medical marijuana, Blair County adult probation works with that person on a case to case basis. We ascertain that they have a valid medical marijuana license, and keep a copy of the same. Anyone who is on prescribed medication can take their prescription medication in the manner prescribed by their licensed physician. As with any other prescription, if a person takes an amount of medical marijuana in excess of that prescribed by their licensed physician or takes street marijuana or adulterated marijuana, they could be charged with a violation of the terms and conditions of their supervision."- Amanda D. Moore, Chief, Blair County Adult Parole and Probation

8) BRADFORD
"Treated it as any other prescription. Obtain copy of the medical marijuana identification card and request a copy of the receipt each time they purchase mm." - Stacey Witalec, Communications Director, Administrative Office of Pennsylvania Courts

9) BUCKS
"For Bucks County – no formal written policy, however medical marijuana cards are accepted for offenders on probation and parole." - Stacey Witalec, Communications Director, Administrative Office of PA Courts

10) BUTLER
Click here.

11) CAMBRIA
"I received your Right-to-Know request and we do not have a written policy regarding the use of medical marijuana by people on probation." - Norman Krumenacker III, President Judge

See letter here.

12) CAMERON
"No formal written policy. no prohibition of medical marijuana for a person on probation provided they have a valid medical marijuana prescription card and nothing prevents a person on probation from obtaining a medical marijuana card." -Stacey Witalec, Communications Director, Administrative Office of Pennsylvania Courts

13) CARBON
"Permits the use of medical marijuana." -Stacey Witalec, Communications Director, Administrative Office of Pennsylvania Courts

14) CENTRE

ALLOWS IT, SEE E-MAIL RESPONSES BELOW:

10/16/2019 "The Centre County Adult Probation Department does not have a written policy regarding this matter." - Thomas E. Backenstoe, Director of Probation & Parole.

ANSWER TO A FOLLOW-UP QUESTION FROM FOX43:
1/29/20: "I confirmed with counsel they do allow it." -Stacey Witalec, Communications Director, Administrative Office of Pennsylvania Courts

15) CHESTER
10/10/19 E-MAIL: "Chester County Does not allow clients to be on medical marijuana." - Christopher Murphy, Chief Adult Probation Officer

16) CLARION
10/10/19 E-MAIL: "We have not yet adopted a formal written policy for people on probation who use medical marijuana." -
Jayne M. Smail, Director, Clarion Co. Probation Services

FOX43 follow up question: "May I ask what you do then if someone is a medical marijuana card holder? Do they risk violation or does the county allow it as they develop a policy?"

"It is allowed at this time" - Jayne M. Smail, Director, Clarion Co. Probation Services

17) CLEARFIELD
"Permits the use of medical marijuana while on probation with a card. They do not have a written policy." -Stacey Witalec, Communications Director, Administrative Office of Pennsylvania Courts

18) CLINTON
"Permits the use of medical marijuana while on probation with a card. However, the use of medical marijuana is prohibited for those who participate in treatment court. There is no written policy." -Stacey Witalec, Communications Director, Administrative Office of Pennsylvania Courts

19) COLUMBIA
Click here.

20) CRAWFORD
"Crawford: Allows the use of medical marijuana, with a card, while on probation. Does not have a policy." -Stacey Witalec, Communications Director, Administrative Office of Pennsylvania Courts

21) CUMBERLAND
"A written policy has not been established as of this date." - Darby Christlieb, Chief Adult Probation Officer in Cumberland County

22) DAUPHIN
Click here.

23) DELAWARE
Allowed. "No written policy however as long as (they) have a card."

24) ELK
"No formal written policy. no prohibition of medical marijuana for a person on probation provided they have a valid medical marijuana prescription card and nothing prevents a person on probation from obtaining a medical marijuana card." -Stacey Witalec, Communications Director, Administrative Office of Pennsylvania Courts

25) ERIE
Click here.

26) FAYETTE
Click here.

27) FOREST
Click here.

28) FRANKLIN
"Franklin County does not violate offenders who have a valid medical marijuana ID card." -David Eckert, The Franklin County Adult Probation Department

29) FULTON
"Permit the use of medical marijuana but have no written policy." -Stacey Witalec, Communications Director, Administrative Office of Pennsylvania Courts

30) GREENE
"The Court of Common Pleas of Greene County does not have a written policy regarding the use of medical marijuana by people on probation."

-Sheila S. Rode
District Court Administrator
Greene County Courthouse

31) HUNTINGDON
Click here.

32) INDIANA
"No formal written policy however Probation Department will honor the card assuming the client is following all necessary parameters of the card." -Stacey Witalec, Communications Director, Administrative Office of Pennsylvania Courts

33) JEFFERSON
Click here.

34) JUNIATA
Click here.

35) LACKAWANNA
"Lackawanna permits use of medical marijuana, with a card, on a case-by-case basis. They do not have a written policy." - Stacey Witalec, Communications Director, Administrative Office of Pennsylvania Courts

36) LANCASTER
Click here.

Who can use medical marijuana? Rules are different for this group of people

James Gagliano, Jr.
Administrator/Adgency Open Records Officer

38) LEBANON
Click here.

39) LEHIGH
"Lehigh: Allows the use of medical marijuana, with a card, while on probation. Does not have a policy." - Stacey Witalec, Communications Director, Administrative Office of Pennsylvania Courts

40) LUZERNE
"There is currently no written medical marijuana policy for people on probation as the Court is waiting for a decision from the Pennsylvania Supreme Court on the matter" - Michael Shucosky, District Court Administrator, Luzerne County Courthouse

41) LYCOMING
EMAIL FROM 9/23/19: "I have attached the Opinion reached by a three Judge panel of the Lycoming County Court of Common Pleas on September 12, 2019, which outlines the county’s policy on the issue." -Kevin Packer, Esq. Law Clerk for the Honorable President Judge Nancy L. Butts, Lycoming County Court of Common Pleas

RESPONSE TO FOLLOW UP QUESTION ON 1/24/20: "The county policy remains the same that any individual on county probation would violate probation by using medical marijuana." -Kevin Packer, Esq.Law Clerk for the Honorable President Judge Nancy L. Butts
Lycoming County Court of Common Pleas

42) MCKEAN
Did not issue a response on its medical marijuana probation policy despite multiple requests made by the Administrative Office of Pennsylvania Courts on behalf of FOX43.

43) MERCER
Click here.

44) MIFFLIN
Click here.

45) MONROE
"Monroe County does not have written policies nor administrative orders pertaining specifically to the use of medical marijuana by an offender on supervision. The Court leaves the case by case decision to the District Attorney or Attorney General (law enforcement) as to whether they will file a petition to violate the offender for the use of medical marijuana while on supervision." - Stacey Witalec, Communications Director, Administrative Office of Pennsylvania Courts

46) MONTGOMERY
"Permits medical marijuana on a case by case basis as long as the diagnosis and prescribing physician are confirmed. As to treatment courts, (Drug Treatment Court, Behavioral Health Court and Veteran’s Court), they do not permit Medical Marijuana. There is no written policy." - Stacey Witalec, Communications Director, Administrative Office of Pennsylvania Courts

47) MONTOUR
Click here.

48) NORTHAMPTON

Credit: FOX43
Who can use medical marijuana? Rules are different for this group of people

Individuals that are on Probation/Parole, Pretrial Services supervision are not violated for marijuana consumption if they have proper documentation, such as a valid prescription for Medical Marijuana under the care of a licensed physician. The same policy is followed within our Mental Health Court. These participants are not sanctioned if they have valid Medical Marijuana documentation as mentioned above.

However, our Recovery Court does not permit participants to use Medical Marijuana. In fact, prior to acceptance in the program; if an applicant is in possession of a Medical Marijuana card, they must voluntarily relinquish such prior to entering the program.

I hope this is of assistance in your efforts.

Respectfully,
J. Jermaine Greene, Sr.
Administrative Office of Pennsylvania Courts
District Court Administrator
Northampton County Court of Common Pleas
3rd Judicial District of the Unified Judicial System of Pennsylvania

49) NORTHUMBERLAND
"I am writing in response to your Right-to-Know request concerning a written policy from Probation regarding the use of medical marijuana by people on probation. At this time, there is no written policy in reference to your request."

Thank you,
Kevin F. O’Hearn
District Court Administrator
Eighth Judicial District
Northumberland County Courthouse

50) PERRY
"Perry permits the use of medical marijuana but does not have a formal policy" - Stacey Witalec, Communications Director, Administrative Office of Pennsylvania Courts

51) PHILADELPHIA
"Philadelphia permits the use of medical marijuana with a card. They do not have a policy." - Stacey Witalec, Communications Director, Administrative Office of Pennsylvania Courts

52) PIKE
"The Pike County Probation Department does not presently have a written policy relating to medical marijuana use for individuals under supervision." -Samantha Venditti, Esq., Right to Know Officer, Pike County Court of Common Pleas

53) POTTER
Click here.

54) SCHUYLKILL
Right to know request denied, due to no written policy. Read here.

55) SNYDER
"At the present time our department does not have a written policy in regards to this issue. We are awaiting the decision of several cases pending in the Pennsylvania Supreme Court before drafting a policy. - Bo Trawitz, Chief Probation Officer, Snyder County Probation Department

56) SOMERSET
"Somerset: Allows the use of medical marijuana, with a card, while on probation. See attached conditions of probation requirements which contain specific requirements for use of medical marijuana." - Stacey Witalec, Communications Director, Administrative Office of Pennsylvania Courts

57) SULLIVAN
No official policy regarding medical marijuana but allow probation/parole offenders to use medical marijuana if they have a current medical marijuana card. However, do not allow Treatment Court Offenders to use medical marijuana.
- Stacey Witalec, Communications Director, Administrative Office of Pennsylvania Courts

58) SUSQUEHANNA
4 page response
Page 1
Page 2
Page 3
Page 4

59) TIOGA
"We handle it like any other RX, as long as they have a Medical marijuana card we allow a probationer to use." -Dave Stager, Tioga, Chief of Probation & Parole

60) UNION
"Is the same policy as Snyder County. They are a joinder county" - Stacey Witalec, Communications Director, Administrative Office of Pennsylvania Courts

Snyder Policy:
"At the present time our department does not have a written policy in regards to this issue. We are awaiting the decision of several cases pending in the Pennsylvania Supreme Court before drafting a policy. - Bo Trawitz, Chief Probation Officer, Snyder County Probation Department

61) VENANGO
Click here.

62) WARREN
Click here.

63) WASHINGTON
"Washington County permits medical marijuana on a case-by-case basis." - Stacey Witalec, Communications Director, Administrative Office of Pennsylvania Courts

64) WAYNE
Click here.

65) WESTMORELAND
Click here to read full response

"We can confirm that Westmoreland County Court of Common Pleas does not have a written policy or probationers regarding the use of medical marijuana by people on probation. The policy that we follow is that Adult Probation does not consider lawful and proper use of medical marijuana to be a violation of probation." - Tami Herrington, Deputy Court Administrator for the Tenth Judicial District (Westmoreland County)

66) WYOMING
"No official policy regarding medical marijuana but allow probation/parole offenders to use medical marijuana if they have a current medical marijuana card. However, do not allow Treatment Court Offenders to use medical marijuana." - Stacey Witalec, Communications Director, Administrative Office of Pennsylvania Courts

Who can use medical marijuana? Rules are different for this group of people

FOLLOW-UP QUESTION FROM FOX43: "Thank you April! One more question- Does that mean people who have a medical marijuana card and who want to be on medical marijuana have to petition the court to be allowed to use the drug?"

"No the probation officer makes the decision, along with their supervisor, on an individual basis based on the individual’s status on supervision (are they violating conditions or not), history of drug abuse and any other factors that may be appropriate." - April Billet-Barclay, Director, York County Probation Services