Missouri legalized medical cannabis in November 2018 though a constitutional amendment which received 65 percent of voter approval. Since then, the state has seen a huge boon in sales and revenue following medical cannabis legalization. However, not everyone is feeling the positive changes in the state. Several inmates, who are on probation, have found themselves back in prison for using legal medical cannabis.
Probation
Many of these inmates violated the terms of their probation, according to their parole officers. One man, 29 year old Ryan Breer, had previously been convicted of cannabis possession and spent time in jail in 2020. Following his probation, Breer attained a state licenses medical cannabis card for his bipolar II disorder. Unfortunately, he returned to jail after failing a routine drug test with his probation officer. Although he was taking prescription medication legally, he still faced legal consequences.
Many inmates on probation are seeing this happen. However, some inmates on probation can consume medical cannabis without fear. It all depends on the probation officer. Additionally, the courts have told men like Breer that probation is a privilege, not a given right. In the near future, they may even prohibit medical cannabis users from going on probation.
CCP
Following his return to prison after his failed drug test, Breer received counsel from the Canna Convict Project (CCP). They help Missouri non-violent cannabis inmates with their prison release and reintegration to society. They call people like Breer, convicted of a crime that isn’t a crime, POWs. The War on Drugs takes hostages and doesn’t let them go.
“The probation and parole issue here in Missouri is that PNP [Probation and Parole] and DOC [Department of Corrections] is not recognizing a patient’s ability to medicate while on supervision,” co-founder Christina Frommer said. “Some of the individuals have really cool probation officers or parole officers, and they’ve been allowed to medicate while they’ve been on supervision, no problem. And others have gone as far as receiving sanctions and gotten put back in prison.”
After countless cases, CCP has decided to sue the state of Missouri over wrongful conviction and incarceration of inmates when they didn’t violate the law. In 2018, an amendment became added to the Missouri Constitution, as approved by voters. It states:
“The possession of marijuana … shall not subject the possessor to arrest, criminal or civil liability, or sanctions … provided that the possessor produces on demand to the appropriate authority a valid qualifying patient identification card; a valid qualifying patient cultivation identification card; a valid physician certification while making application for an identification card; or a valid primary caregiver identification card.”
Lawsuit
Breer, and others, aren’t violating any rules in Missouri by consuming medical cannabis. However probation officers said otherwise and Breer found himself back in prison. Attorney Timothy Intessimone is leading the charge in fighting for Missouri inmates unjustly incarcerated.
“We’re asking the court to decide and clarify whether [the client] can lawfully use medical marijuana, with a valid Missouri medical card, while on probation,” Attorney Intessimone said. “However, that’s not what the case is really about. The case is more about the Missouri Constitution. It is about whether a state agency, acting under state law, under the state constitution, can punish someone while the amendment plainly states that they cannot be criminally punished under the state constitution.”
Future
The hearing for CCP’s case against the state of Missouri will begin August 23. In the meantime, Breer enjoys life outside of prison now, back on probation with the ability to use his medication, and take care of his newborn son.
“He sleeps for a bit then he’s up, and he’s crying, but I still love it,” Breer said. “I’ve had him almost every day. We went to the pool. I’m being a new father and I’m loving it.”
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