Header Image: Assistant Attorney General Jason David Parmer
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.’”
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West Virginia Supreme Court to Hear Case of Probationer Denied Medical Cannabis Access by Court
