Is it a parole/probation violation if I test positive for marijuana even though i have a valid medical marijuana prescription?

Asked 12 months ago - Arroyo Grande, CA

I reside in San Luis Obispo county and drug testing is a condition of my release.

Attorney answers (1)

  1. Joseph Salvatore Farina

    Contributor Level 17

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    Lawyer agrees

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    Answered . It can be. Depends whether the terms of your probation allow for use of medical marijuana . Various courts have held that a court can refuse to allow a probationer to use medical marijuana as a condition of probation especially if the conviction was drug related.. As for parole, same thing. Now sometimes drug tests do not test for marijuana but jut methamphetamine, cocaine and heroin, in essence the hard drugs. You really need to talk to your probation/parole officer.

    The information and legal suggestions made herein do not in any way create an attorney-client relationship. The... more

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