Medical marijuana and CBD use in treatment courts

This webinar is hosted by Thermo Fisher Scientific. The webinar was recorded in 2022.

Speaker: Mary Celeste
Duration: 1 hour


Many policies regarding medical marijuana and CBD use in the courts are in flux. In some instances, the use of CBD is resulting in a positive THC test which may result in probation revocations and terminations from treatment courts. Some policies are beginning to develop as state and appellate case decisions and statutory schemes evolve. Some treatment courts deny while others permit participant entry of medical marijuana users. Medical marijuana use is also sometimes permitted while on probation, diversion/deferred sentencing, parole, and pretrial release. With some nuance, the rationale for the court positions typically falls upon a myriad of approaches, which include the federal illegality of marijuana, the court’s reliance on the state medical marijuana laws, whether the underlying convictions are marijuana related, the treatment of medical marijuana as a prescription medication, the sole discretion of the court and constitutional considerations.

This webinar discusses the current status of medical marijuana and CBD use in treatment courts as well as probation, parole and pretrial release and diversion/deferred sentencing by reviewing developing case law and applicable state and federal legislative schemes. How are the courts going to traverse the formation of medical marijuana use and CBD policies? Should the courts await a decision by their state supreme courts or the U.S. Supreme Court? Or should the courts begin to synthesize their state and appellate case law and develop policies through their state court administrative offices or chief justices of their state supreme courts? Should all the courts forgo all other approaches safe for judicial discretion based upon the totality of the circumstances? Whatever the direction, these policies are becoming more and more essential.Complete the form below to access the webinar recording.

CE credit not available for this webinar.

Mary A. Celeste
Judge (retired)

Sat on the Denver County Court bench 2000-2015. She was the Presiding Judge 2009-10 and the co-founder of the Denver County Court Sobriety Court. Former member of the Judicial Advisory Board for the Foundation for the Advancement of Alcohol Responsibility (FAAR), Faculty for the National Association of Drug Court Professionals (NADCP), and the National Judicial College (NJC). Currently a law school professor teaching Marijuana and the Law at California Western School of Law and is considered a national content expert on the topic of cannabis. Judge Celeste was a speaker in 2022 at the Drug & Alcohol Testing Association (DATIA), the Cannabis Symposium (San Diego), and the National Association of Drug Court Professionals ((NADCP). In addition, she is widely published, knowledgeable & respected as an expert and consultant in cannabis law. In 2023 Judge Celeste will be publishing a new book entitled Cannabis Law & Practice. For more information go to

John R. Barnes

Mary Celeste
Judge (retired)