In recent decades, medical marijuana programs have become commonplace, and most states in the United States of America are ready to accept marijuana as a natural alternative to treat symptoms of certain conditions such as chronic pain, cancer, mental illness, multiple sclerosis (MS), HIV/AIDS, and substance use disorder; as such, medical marijuana is readily accessible to those who have a qualifying diagnosis–the exception being those who are incarcerated.

Although disability, substance abuse, and mental illness are prevalent among those under state supervision, these individuals are effectively prohibited from enjoying the benefits of medical marijuana. This Note will provide a comprehensive history of marijuana legislation in the United States, including a legal framework regarding the constitutionality of state medical marijuana programs, and an argument in favor of allowing qualifying inmates to access medical marijuana. This Note will also address counterarguments and will outline a logistical approach to administering medical marijuana to qualifying inmates.