Is it a probation violation to use the medical marijuana?

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Is it a probation violation to use the medical marijuana?

I am on probation for an F1 and and F2. I did 19 months of a 4 year sentence and was released on a Judicial Release I was recently prescribed medical marijuana and given a medical marijuana card.

Asked on May 15, 2019 under Criminal Law, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The fact is that the possession and use of marijuana, even for medical purposes, is still illegal under federal law. This is true no matter what your specific state law may be. Accordingly, by using it you are committing a crime and as such you are in violation of the terms of your probation. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, it would be because even if medical marijuana is legal under OH law, all marijuana (medical or not) is still an illegal drug (a "controlled dangerous substance) under federal law, and therefore possession of marijuana is a still a crime under federal law. Therefore, having it would be a violaton of probation.


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