typically targets those offenders who have a substance use disorder. It also determines what serves as a qualifying and non-qualifying characteristic of those participants who enter the program. Examples of disqualification may be the preclusion of violent offenders, past failures in drug courts, residency, drug dealers or drug traffickers, and those using certain prescription medications. For example, many drug court programs will not admit individuals who are already using methadone for opioid use disorder.10 In some instances, while a drug court participant qualifies for entry or is eligible, they may be terminated if they do not comply with the agreed upon terms and conditions of the program. Te program typically has phases which


each participant will have to successful complete.11


Tese graduation criteria may


include a certain amount of clean time, no additional charges, payment of court fees, etc. Entry and termination from the drug court program is typically at the discretion of the drug court presiding judge with input from the drug court team.12


Te National


Association of Drug Court Professionals (NADCP) is the premier training, membership, and advocacy organization for the drug treatment court model.13


for marijuana use while being monitored for drug and alcohol use will be cause for termination from the program. Tere are some interesting factors that need to be addressed before these questions can be answered. Te preeminent drug court association NADCP unequivocally stands against the legalization of marijuana and the use of smoked marijuana as “medicine.”15


At the same time, the use


of Medically Assisted Treatment (MAT) for opioid use disorder in drug courts is swiſtly becoming a standard of treatment.16 It has been viewed as a component of a successful drug court program.17


MAT


is the integration of FDA approved medications to assist in stabilizing, treating and maintaining sustained remission from addiction disorders.18 Should the acceptance of those with


Tey


have developed the “10 Guiding Principles for Drug & DUI Courts” and “Adult Drug Court Best Practice Standards” and continue to develop resources, conduct research , publish educational materials, and, fund the formation of these courts with assistance from Bureau of Justice Assistance (BJA)14 and other federal sources.


Drug Courts and the Use of Medical Marijuana


Te major question is whether the use of medical marijuana disqualifies a potential participant from entering a drug court program? Secondary issues are whether cannabis use disorder like opioid use disorder is permissible for entry and whether positive test results


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cannabis use disorder be treated similarly to the acceptance of opioid use disorder participants? Early research has found that 87.7% of drug courts are admiting offenders who are abusing marijuana only. It varied geographically, with most courts that do not accept participants into drug court based only on marijuana abuse are in urban areas 62.2 % suggesting they may have a greater focus on more serious drug problems.19


In 2010, and again in 2013,


BJA conducted a survey regarding the status of state medical marijuana legislation and relevant drug court policies at both the state and local level.20


Responses


were received from Arkansas, Colorado, Idaho, Kentucky, Louisiana, Michigan, Mississippi, New York, Utah, and Rhode Island. Tey ranged from no formal policy to be leſt up to the local jurisdictions, to a case by case basis, to we may deny it because we receive federal funding, to total rejection like the use of Vicodin. Te 10th Circuit Court in Saginaw, Michigan stated that “it is likely that we would not accept them into our program. We do not allow participants who use Suboxone, Methadone or other medications related


to withdrawal and maintenance. We also do not allow the use of any narcotic pain medications, even if they are prescribed by a physician.” May the potential participants who use


medical marijuana and are denied entry into a drug program bring an appeal or a separate civil action? Te standard is high to overturn a prosecutor’s or judge’s rejection of an applicant for a Drug Court program.21 J. Forkey,22


In State of New York v. Jeffrey the terms of the plea included


defendant’s acceptance into the Clinton County Drug Court. Tereaſter, defendant entered an inpatient treatment center but was discharged due to noncompliance. As a result, his application for admission into the drug court program was rejected. Defendant was provided an opportunity to be heard and admited to several circumstances surrounding the rejection of his drug court application, including his consumption of alcohol at a bar while on a community walk and his failure to meet certain expectations of the program. Under these circumstances, County Court’s inquiry was enough to determine that defendant violated the plea agreement and no formal hearing was required. In People v. Ray Earl Webb,23


the Court held that the Defendant


was not denied constitutional rights when he was rejected for drug court because he was taking strong narcotic medicines which would interfere with his ability to participate in the drug court program.


Diversion/Deferred Sentencing


Another approach to a “drug court type program” is a pre-conviction program called diversion and a post-conviction program called a deferred sentence. A deferred sentence is a sentence that is held in abeyance pending the completion of sentencing conditions and upon completion the defendant is permited to have the conviction removed. Diversion uses the same approach as drug courts, but it is not offered aſter a conviction, but rather it is


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