LEBANON, Pa. (WHTM) – A lawsuit over a policy that prohibits people under Lebanon County court supervision from using medical marijuana is headed to Pennsylvania’s highest court.
The class-action lawsuit filed by the ACLU of Pennsylvania this week has been transferred to the state Supreme Court. Commonwealth Court, in an order Friday, said it does not have jurisdiction to enter the relief requested.
The lawsuit was filed on behalf of three people who are on probation and registered with the state Health Department as certified medical marijuana patients.
The court policy that went into effect Sept. 1 gave people under supervision by county probation 30 days to discontinue their medical marijuana use.
The policy states that a medical marijuana card is “not a prescription for medication but rather a recommendation by a physician,” adding that under federal law, marijuana remains a Schedule I substance and therefore “has a high potential for abuse and dependency.”
The ACLU says Pennsylvania’s medical marijuana law protects patients from arrest, prosecution, or penalty and prohibits them from being denied any right or privilege for using marijuana.
Six other Pennsylvania counties consider medical marijuana use a violation of community supervision.