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Can I smoke marijuana after Dec. 6th legally in Washington state if I am on pre-trial release and can drink alcohol?

Lacey, WA |
Filed under: Criminal charges

I am currently on pre-trial supervision for a felony in Washington State for an issue unrelated to any drug/alcohol charges. In my conditions of release, it states that I can drink, but not "consume any controlled substances without lawful prescription." I am being randomly drug tested. I've tried contacting the pre-trial services woman to ask, but they don't respond. I would like to peacefully smoke marijuana in my home after it is legalized, and if I can drink and am not in drug court, I don't see why not?

Attorney Answers 2


The best way for you to get a firm answer to this question is by continuing to contact pretrial services or supervised release until you are provided with a definitive answer. Many jurisdictions in Washington State prohibit the possession and/or use of Marijuana on supervised release even if the individual being supervised has a medicinal marijuana card. This is due to the fact that possession and consumption of Marijuana is still federally prohibited, regardless of what the State of Washington has chosen to do. As such, my guess is that you would still be prohibited from smoking marijuana while out on release as marijuana will still be considered a "controlled substance" under federal law after December 6th. As I mentioned earlier, however, the only way to be certain is to get a definitive final answer from pretrial services either by contacting them yourself, or having your attorney do so. The last thing you want to do is get a violation and end up getting held in custody during pretrial proceedings due to any misunderstanding.

Disclaimer: This answer does not constitute legal advice. I am admitted to practice law in the State of Washington only and cannot practice law in any state outside of Washington. This information is based on general principles of law, as well as my general experience that may or may not relate to your specific situation. This information is not meant to take the place of actually consulting an Attorney in your jurisdiction. If you would like legal advice, I would recommend consulting an attorney in your locale.

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Probably not. You'll want a clarifying court order before risking jail. Contact your lawyer to schedule a hearing.
At your service,

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