GASS v. 52ND JUDICIAL DIST., LEBANON CTY

No. 118 MM 2019.

232 A.3d 706 (2020)

Melissa GASS, Ashley Bennett, and Andrew Koch, Individually and on Behalf of All Others Similarly Situated, Petitioners v. 52ND JUDICIAL DISTRICT, LEBANON COUNTY, Respondent.

Supreme Court of Pennsylvania.

Decided: June 18, 2020.


Attorney(s) appearing for the Case

Ryan Ignatius Kelly, Esq. , Thomas Michael O'Rourke, Esq. , Abby L. Sacunas, Esq. , Thomas G. Wilkinson Jr., Esq. , Cozen O'Connor , for Society of Cannabis Clinicians, et al, Amicus Curiae.

Andrew Chapman Christy, Esq. , Sara Jeannette Rose, Esq. , Ali Nicole Szemanski, Esq. , Witold J. Walczak, Esq. , for Petitioners Gass, Melissa, Bennett, Ashley, Koch, Andrew.

Robert Joseph Krandel, Esq. , Geri Romanello St. Joseph, Esq. , for Respondent 52nd Judicial District, Lebanon County.

SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.


OPINION

CHIEF JUSTICE SAYLOR

This matter concerns a challenge to a local judicial district's policy prohibiting the use of medical marijuana by individuals under court supervision, such as probationers.

In 2016, the Pennsylvania General Assembly enacted the Medical Marijuana Act.1 In a declaration of policy, it recognized that "[s]cientific evidence suggests...

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