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.
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.
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 attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.
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.