Medical Marijuana for Incarcerated Patients A New Mexico judge has ruled in favor of incarcerated persons who are medical marijuana card holders such that they can use their medicine while in prison. District Court Judge Lucy Solimon has now set precedent for medical care for those in jail or prison or on probation on the heels of reported incidents of correctional officers confiscating medical cannabis products from patients. This most recent case follows Joe Montaño who was the unlucky victim of a correctional officer confiscating his medical marijuana while Joe was serving a ninety-day sentence of home confinement. New Mexico’s Lynn and Erin Compassionate Use Act (2019) allows for medical cannabis to be administered by patients who are on parole or probation.