Ban Sought On Medical Marijuana For Parolees

HELENA, Mont., Jan. 3 -- Montana's Department of Corrections is facing stiff resistance to a proposal to prohibit all people on parole or probation from obtaining medical marijuana.

At a rules hearing Thursday, an attorney for the American Civil Liberties Union of Montana called the proposal "flawed in nearly every aspect."

"It's almost as if the Department of Corrections is trying to obliquely regulate medical marijuana," Elizabeth Griffing said. "This is just an overreaching of your authority and jurisdiction."

Montana voters legalized medical marijuana in 2004, and the agency cannot unilaterally change state law, advocates say.

The proposal would also prohibit those on parole or probation from gambling or using alcohol. Sentencing judges already can ban convicts from such activities as drinking and gambling if they find a connection between the activity and the crime, Griffing said.

But the agency says it needs to take the extra step of banning certain behavior.

"The proposed rule changes are reasonable, we believe," said Ron Alsbury, chief of the Probation and Parole Bureau.

Alcohol and drug use causes higher recidivism rates, the agency says.

The parole bureau can change the proposal based on the comments or move ahead as planned. There are 572 people in Montana registered to receive medical marijuana, according to the state, which does not track the number of parolees on the list.