If on probation in Florida, can a medical marijuana prescription excuse me from testing positive for THC

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If on probation in Florida, can a medical marijuana prescription excuse me from testing positive for THC

On probation for a non-weed related instance.

Asked on November 18, 2017 under Criminal Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The prescription *may* be accepted by the probation department or by a judge as an excuse for this, but does not have to be. Even when marijuana is authorized for medical purposes, it is still a controlled dangerous substance under both state (e.g. FL) and federal law; therefore, it is a violation of probation to use it. The authorities have discretion to allow its medical use, but are not required to do so.


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