West Virginia Supreme Court to Hear Case of Probationer Denied Medical Cannabis Access by Court

The West Virginia Supreme Court is set to hear the appeal of an individual on probation who was denied medical cannabis access by a judge, WV News reports. Kyle John Schober is currently serving probation for possession of cocaine with intent to deliver and, under West Virginia law, individuals on probation can’t violate federal or state law – and cannabis possession for any purpose remains federally illegal.  

In the Supreme Court filing on behalf of the state, Assistant Attorney General Jason David Parmer argues that the federal Controlled Substances Act’s “prohibition of marijuana trumps West Virginia’s authorization of medical cannabis because the ‘Supremacy Clause unambiguously provides that if there is any conflict between federal and state law, federal law shall prevail.’”   

“It is beyond peradventure that federal power over commerce is superior to that of the State to provide for the welfare or necessities of their inhabitants, however legitimate or dire those necessities may be.’ — Parmer, in a brief, via WV News 

Schober’s attorney, Assistant Public Defender Jonathan O’Dell, contends that the lower court’s decision to bar his client from medical cannabis access should be overturned due to the state’s statutory construction law, which is based on the principle that a law’s purpose is to reflect the intent of lawmakers and the courts are responsible for determining the intent of the General Assembly when it is important to apply statutory materials.   

O’Dell further argues that the 12-factor test provided to Schober “has no basis in West Virginia law or jurisprudence” and has resulted in a “subjective determination by the lower court that was almost impossible, if not impossible, for [Schober] to satisfy to the lower court’s satisfaction, and thus, was an abuse of discretion.” 

The case is expected to be heard on Wednesday.