Table 1

Examples of Problem-Solving Court Policies Toward Cannabis Use

Court Policy Toward Cannabis UseSample Court Rules for ParticipantsSample Court Responses to Cannabis Use
Abstinence-based approachDo not use or possess any drugs or alcohol … do not even think about applying for a [medical cannabis] card.65Take corrective actions.
As a participant in the Adult Drug Treatment Court, you are agreeing not to use alcohol and other drugs … defendants with certificates for medical [cannabis] are not eligible for admission. A participant who obtains a certificate will be dismissed from the Court.67Corrective actions may include verbal warnings, increased court visit frequency, stricter drug test scheduling, delays of program graduation, brief stays in detention, or referral back to traditional criminal court.
Tolerance-based approachThis court does not encourage cannabis use given its health risks and illegal status under federal law; however, we do not take punitive actions against participants in our court for using cannabis.*Do not take corrective actions.
This court does not monitor participants for cannabis use.*Potentially educate participant about the health effects of cannabis use.
Adaptive approachAs a participant in Drug Court, you are agreeing to not use alcohol, illegal drugs, or unauthorized medication. This includes medical [cannabis] unless authorized by the court.90Tailor response to individual participant's needs.
Use of prescribed medical [cannabis] is presumptively prohibited and shall be reviewed by the Court on a case by case basis.92Consider whether participant has valid medical indication for cannabis use. Evaluate whether cannabis use appears to be harmful or helpful for the participant.
  • * Proposed, rather than actual, examples of court rules for participants.