A New Mexico state district judge ruled this week that detainees in Bernalillo County’s house arrest program are allowed to use medical cannabis while serving out their sentence.
In her ruling, Second Judicial District Judge Lucy Solimon wrote that Bernalillo County’s Community Custody Program (CCP) is, in effect, the same as parole. New Mexico’s Lynn and Erin Compassionate Use Act, as of 2019, allows medical cannabis patients who are on parole or probation to continue their use of medical cannabis.
“Although CCP is not specifically mentioned in the Compassionate Use Act, [Bernalillo] County fails to demonstrate that CCP should be treated differently than probation or parole,” Solomon wrote. “Therefore, it appears as though the Compassionate Use Act does apply to defendants on CCP as it does to defendants on probation or parole. The issue of whether medical cannabis patients on house arrest can use medical cannabis goes back to 2019 when Albuquerque resident Joe Montaño was sentenced to the Community Custody Program after his seventh drunk driving conviction. Montaño, who was already a registered medical cannabis patient, previously told NM Political Report that he didn’t hide his cannabis use from his case worker during a home visit.
Bernalillo County announced Monday that an inmate at the Metropolitan Detention Center tested positive for COVID-19. The county said MDC learned of the positive test on Sunday and the patient is now isolated and receiving treatment from the detention center’s medical team. Four MDC staff are now self-isolating after coming into contact with the inmate. The detention center says inmates are being monitored, but none are currently exhibiting symptoms.
According to the release, the inmate was booked on Thursday, March 26 and did not exhibit any symptoms of COVID-19, which are a fever, coughing and shortness of breath. The jail learned two days after the inmate arrived that the inmate’s mother was hospitalized and tested positive for COVID-19; the inmate had been caring for his mother.
Three Bernalillo County detention officers, one former officer and a local public sector labor union filed suit against the county, half a dozen jail supervisors, the Bernalillo County Sheriff and two other county law enforcement officers.
The suit alleges top officials at the Bernalillo County Metropolitan Detention Center (MDC) along with the county Sheriff’s office and upper county administrators actively prevented union members from associating with the American Federation of State County and Municipal Employees (AFSCME), New Mexico Council 18, Local 2499. According to the lawsuit, in 2015 county officials were “caught red-handed” trying to “engage in an actual conspiracy” to hire staff who would work against union leaders. Then, the lawsuit says, county jail leaders continued to retaliate against vocal union leaders like Eric Allen, a corrections officer who was fired from MDC for two instances of use of force, and Stephen Perkins, an MDC corrections officer who is currently on administrative leave and is currently facing false imprisonment charges. Both Allen and Perkins were already in the news this year.