ACLU and Stinson LLP join to file suit against Missouri over constitutional rights regarding medical marijuana

The American Civil Liberties Union (ACLU) and Stinson LLP have filed a lawsuit on behalf of Sharon C. Stewart against the State of Missouri, challenging the state’s actions against Stewart for using medical marijuana while on probation.

The case, filed in the Circuit Court of Cole County, seeks injunctive and declaratory relief, arguing that Missouri’s actions violate Stewart’s constitutional rights under Article XIV, which protects medical marijuana users from penalties.

In November 2018, Missouri voters approved Amendment 2, establishing the “Right to Access Medical Marijuana” under Article XIV § 1 of the Missouri Constitution. This section aims to protect qualifying patients from civil and criminal penalties. Specifically, it states that qualifying patients with a valid medical marijuana card “shall not subject the possessor to arrest, criminal or civil penalty, or sanctions under Missouri law” (Mo. Const. Art. XIV § 1.5(1)).

On November 8, 2022, Missouri voters further expanded these protections by approving Amendment 3, legalizing personal use of marijuana. This was incorporated as Article XIV § 2, reiterating that “lawful marijuana related activities cannot be the basis for a violation of parole, probation, or any type of supervised release”

(Mo. Const. art. XIV, § 2.7(6)).

Despite these protections, Sharon C. Stewart, who possesses a valid medical marijuana card, was found to have violated her probation terms in February 2024 after testing positive for marijuana.

Stewart, a Springfield, Missouri resident, was placed on probation after pleading guilty to unlawful possession of a firearm in December 2022. Her probation, set to last until December 2027, included conditions such as obeying all laws and directives from the Probation/Parole Division, obtaining a substance abuse evaluation, and not possessing firearms.

Stewart’s substance abuse evaluation, completed in January 2023, recommended no additional services beyond her existing mental health treatment. In April 2022, Stewart was issued a  qualifying patient identification card by a state-licensed physician to use marijuana for treating her PTSD, chronic hand pain, and degenerative disc disease.

In June 2023, Stewart’s probation officer filed a Notice of Citation after she tested positive for THC, the active ingredient in marijuana, despite acknowledging her valid medical marijuana card. Following this, the Dallas County Prosecuting Attorney, Jonathan D. Barker, moved to revoke her probation, citing the positive THC test as a violation of the probation condition prohibiting drug use.

At the revocation hearing in July 2023, the court did not find a violation but continued Stewart’s probation. However, another positive THC test in December 2023 led to another Notice of Citation and Motion to Revoke Probation. In February 2024, the court found Stewart in violation of probation terms, citing federal law despite her compliance with state constitutional protections, and imposed a two-day jail sentence.

   

Legal Arguments

The ACLU and Stinson LLP’s petition argues that Missouri’s actions violate Stewart’s constitutional rights under Article XIV, which explicitly protects lawful medical marijuana use from being a basis for probation violation. The petition seeks a declaration that these actions are unconstitutional and requests the court to enjoin Missouri from penalizing Stewart for her medical marijuana use while on probation.

The petition highlights several key points:

• Constitutional Protection: Article XIV guarantees the right to use medical marijuana and protects patients from penalties, including during probation.
• Conflict with Federal Law: The court’s decision to penalize Stewart based on federal law contradicts Missouri’s constitutional protections for medical marijuana users.
• Medical Necessity: Stewart’s use of medical marijuana is prescribed by her physician and is necessary for treating her diagnosed conditions, making its prohibition a violation of her right to adequate medical care.

Impact and Significance

The case emphasizes the conflict between state and federal laws regarding marijuana use and highlights the challenges faced by medical marijuana users in states with legal protections. The involvement of the ACLU and Stinson LLP underscores the broader implications for constitutional rights and the protection of medical marijuana patients from punitive actions.

Stewart’s case is not isolated, as similar conflicts have arisen in other states. Courts in Michigan, Pennsylvania, Oregon, and Arizona have ruled in favor of protecting medical marijuana users on probation, setting precedents that may influence Missouri’s judiciary.

As Stewart’s case proceeds, it will test the fortitude of Missouri’s constitutional protections for medical marijuana users. The outcome will have significant implications for the enforcement of probation conditions and the rights of medical marijuana patients statewide.

The ACLU and Stinson LLP’s petition calls for declaratory and injunctive relief, aiming to ensure that Missouri upholds its constitutional commitments to protect medical marijuana users like

Stewart from unjust penalties. This case highlights the ongoing legal and constitutional battles faced by medical marijuana patients in Missouri and could potentially set a precedent for similar cases in other states.