Can I use medical marijuana while on probation, in Lakewood WA, without violating the terms of my probation/getting in trouble?

Asked over 1 year ago - Tacoma, WA

convicted of DUI in 2009
serving 5 years probation
jurisdiction: Lakewood municipal court

Attorney answers (4)

  1. Vitaliy Kertchen


    Contributor Level 16


    Lawyers agree


    Best Answer
    chosen by asker

    Answered . You'll need to look at the conditions of your probation. If one of the conditions is "do not consume alcohol or non-prescribed drugs," then you may not use medical marijuana because medical marijuana is not technically prescribed under state law. It is authorized. There is a legal distinction because prescriptions are regulated by federal law, and marijuana is illegal under federal law.

    Still, you may want to hire an attorney for the limited purpose of asking for a hearing in order to get the judge to explicitly allow you to use medical marijuana.

  2. Michelle Teresa Dellino


    Contributor Level 11


    Lawyers agree


    Answered . You should refer to the "judgement and sentence" paperwork you signed when you entered intoyour guilty plea for the DUI. if you do not not have it, you should request a copy from the attorney that represented you or directly from the court clerk. That document sets forth the conditions of your probation. You can also contact the probation office directly to clarify.

    A condition is likely "do not consume alcohol or non-prescribed drugs," then you likely may not use medical marijuana because physicians in WA may only authorize the usage of medical marijuana as opposed to actually prescribing it.

    I recommend that you obtain a copy of and review the conditions of your probation with an attorney and address the medical marijuana issue with them to make sure you have a full understanding. An attorney may also be able to note a hearing before the court to seek permission for the usage of medical marijuana as authorized by a physician.

    This answer is my personal opinion and is offered for informational purposes only. This is not a legal opinion,... more
  3. Patrick Owen Earl


    Contributor Level 18


    Lawyers agree

    Answered . Just because something is legal doesn't mean you can partake! Alcohol is legal for an adult but you won't be able to drink while on probation so no on the Mj. Sorry but you will have to stop it.

  4. James Donald Garrett

    Contributor Level 20


    Lawyers agree


    Answered . Is a term of your probation to remain drug free? I'd be shocked if it was not. Did his PO grant him permission to use marijuana for medical purposes? Does he have a doctor's recommendation or prescription?

    I am licensed to practice criminal and DUI law in VA, not WA. As such, I may be unaware of certain state laws; and therefore, my response may be incorrect or inappropriate. Please use my response for informational purposes only.

    Good luck.

    Be sure to mark the "Best Answer" or Helpful" to your questions. Attorneys on AVVO donate their time and your feedback is appreciated.

    Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any... more

Related Topics


The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

Probation for DUI

DUI probation is intended to deter future drunk driving by establishing conditions that the offender must follow or face further punishment.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

29,354 answers this week

3,338 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,354 answers this week

3,338 attorneys answering