Federal Judge Denies Patient Access to Medical Cannabis While Out on Bail

A defendant accused of illegally cultivating cannabis was denied access to medically prescribed cannabis while out on bail.

Full story after the jump.

A federal judge in Maine has denied the request of a defendant to use medical cannabis while out on bail, the Sun Journal reports. The motion was requested by Lucas Sirois, who is accused of illegal cannabis cultivation and money laundering and is a state-approved medical cannabis patient.

In November 2021, Sirois pleaded not guilty to a 15-count federal indictment that accuses him of illegally cultivating cannabis under the guise of medical cannabis operations and regularly selling it outside of the state system. He is alleged to have sold more than $1 million worth of cannabis out-of-state between 2018 and 2019.

U.S. District Court Magistrate Judge John Nivison denied Sirois’ motion last Friday, ruling that Maine’s medical cannabis law “does not override the federal requirements for conditions of pretrial release – where federal law and state law provide contradictory directives, federal law controls,” the report says.

On Oct. 28, 2021, the U.S. District Court in Bangor ordered Sirois to follow certain conditions of release pending the outcome of the case, which “requires that defendant not use marijuana and ‘not violate federal, state, or local law,'” Nivison’s order states.

Sirois’ attorney, Timothy Parlatore, had requested release conditions be amended to allow Sirois to continue using his physician-recommended cannabis; allow him to not be sanctioned for such use as long as it complies with Maine law; or direct that pretrial services not file any violation petition based solely on a urine test indicating positive for THC, given legal hemp derivatives, the report says.

Nivison’s order requires Sirois to comply with all local, state, and federal laws while released on bail and explicitly excludes cannabis use “even with a prescription.”

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