Now that pot is legal in New York State can I be violated on my probation and go to jail?
3 attorney answers
If your PO has told you that you cant smoke it; try and get a medical marijuana card from a doctor and ask the doctor to write a letter to your sentencing judge asking their permission to allow you to use it. The judge is the only one who can overrule probation’s decision.
I am a former Brooklyn Criminal Court Deputy Bureau Chief with over 24 years experience specializing in handling criminal cases. All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. Also, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication.
Maybe. You really need to speak with your probation officer since pot remains a Federal Schedule 1 controlled substance which makes it technically illegal even though it has been legalized in New York. So, as usual, check with your PO.
The fact that pot may now be legal, does not mean that you are allowed to consume it. Probation makes its own restrictions and can ban the use of pot or alcohol.
Any response I provide is meant as a general view on the subject and is no way intended to be specific legal advice to any individual. If you wish specific advice, you should hire and consult with an attorney of your choosing.