The right to use medical marijuana and marijuana, in general, while on probation in Missouri is heading into the courtroom.

The American Civil Liberties Union of Missouri and Stinson L.L.P. have filed a lawsuit against the State of Missouri, the Director of the Department of Corrections and the Dallas County Prosecuting Attorney claiming that probationary terms prohibiting the use of marijuana violates the Missouri Constitution, specifically when it comes to the use of medical marijuana.

The suit was ultimately filed on behalf of Sharon Stewart who was cited twice and sentenced to two days shock incarceration in Southwestern Missouri’s Dallas County after testing positive for THC while on probation.

Missourians, overwhelmingly in 2018, voted to legalize medical marijuana and, in 2022, to legalize recreational marijuana through a constitutional amendment.