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

Arroyo Grande, CA |

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

Attorney Answers 1

  1. 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.

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