Examples of Problem-Solving Court Policies Toward Cannabis Use
| Court Policy Toward Cannabis Use | Sample Court Rules for Participants | Sample Court Responses to Cannabis Use |
|---|---|---|
| Abstinence-based approach | Do not use or possess any drugs or alcohol … do not even think about applying for a [medical cannabis] card.65 | Take 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.67 | Corrective 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 approach | This 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 approach | As 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.90 | Tailor 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.92 | Consider 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.