LEBANON, Pa. (WHTM) — The Pennsylvania Supreme Court will hear arguments in a case about Lebanon County’s probation policy for medical marijuana Tuesday morning.

Lebanon County prohibits people who are on probation from using medical marijuana. The ACLU is asking the high court to permanently end the policy.

The policy has been on hold since October. Advocates say medical marijuana treats chronic pain and should not be misused to instill fear.

The Lebanon County court disagrees, citing that it’s illegal under federal law. The legal action was brought by three people who are on probation in Lebanon County and who are registered medical marijuana patients with the state Department of Health.

“You cannot have a blanket policy depriving an entire class of people of something that is statutorily authorized,” said Patrick Nightingale, a criminal defense attorney and medical marijuana reform advocate.

He says it is a legal medicinal drug, so Lebanon County’s policy is overstepping its bounds. He calls the county’s proposal a knee jerk reaction based in fear.

“Medical cannabis can easily be tracked by working with the person on supervision and the dispensary,” said Nightingale.

Oral arguments begin at 9:30 this morning remotely. .