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

Tacoma, WA |
Attorney answers 4

Best Answer
Posted

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.

Asker

Posted

thank you very much for your helpful information. The "not technically prescribed" aspect of medical marijuana is quite confusing...

Posted

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.

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Asker

Posted

Terms of probation include : no alcohol or drugs of any kind, unless I have a prescription. Would my medical marijuana "recommendation" take the place of a "prescription"? I have not asked my PO about this as of yet. I would probably file a motion to change terms of probation and hire a lawyer as appose to simply asking her...

James Donald Garrett

James Donald Garrett

Posted

You should bring it to the attention of your PO first. If she agrees, you would want something documenting that agreement to be sure she doesn't later change her mind and violate you. You should in any event talk to your lawyer.

Posted

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, legal advice, and does not create an attorney-client relationship.

Posted

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.

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