Can a person that was put on probation before marijuana becomes legal in Massachusetts use it?

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Can a person that was put on probation before marijuana becomes legal in Massachusetts use it?

I’m on probation for the next two
years for an assault charge. I was
put on probation in september of
2016. As you may know recreational
use of marijuana was legalized for
all adults over the age of 21 in
Massachusetts. Would it be legal
for me to consume thc? There is a
provision in my probation banning
me from lillict drug use and
alchol consumption and i get
randomly drug tested a couple
times a week. Now that marijuana
is no longer illictcome december
can i be in violation for using
it?

Asked on November 12, 2016 under Criminal Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, you will be in violation of your probation. Probation can bar you from things which are otherwise legal--like, for example, socializing with people with certain criminal records or backgrounds. Or take drinking: drinking alcohol is legal, but nonetheless, your probation bans you from it. Similarly, it can ban you, for the duration of probation, from using now-legal marijuana.


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