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Abstract: 

One impact of the legalization and decriminalization of marijuana is that legal medical marijuana use has created a hodgepodge of issues and approaches in drug courts, diversion and deferred sentencing, probation, parole, and pre-trial release decisions and policies. Many of the policies regarding medical marijuana use are in flux in the courts, but some policies are beginning to develop as state and appellate case decisions and statutory schemes evolve. This article discusses the current status of medical marijuana use in the court system by reviewing developing case law and applicable state and federal legislative schemes.

Keywords: Medical marijuana, case law, drug courts, diversion and deferred sentencing, probation, parole, pre-trial release

Affiliations:  1: California Western School of Law; 2: California Western School of Law; 3: California Western School of Law.