If I’m on probation and they told me that I can’t use my medical marijuana, what can I do?

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If I’m on probation and they told me that I can’t use my medical marijuana, what can I do?

Asked on December 17, 2011 under Criminal Law, Colorado

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are on probation, one of the usual conditions or prohibitions embedded in almost every condition of probation is drug use. You are prohibited from taking drugs. If they refers to your probation officer, talk to your lawyer and review your probation order. If it specifically prohibits drug use, you need to prove (without a shadow of a doubt) that you live in a state that allowing medicinal marijuana use and you have an actual need for the marijuana (think along the lines of cancer or extreme illnesses and not simply for something that would not pass legal muster). If you have a severe and significant illness that affects your quality of life and suffer severe pain and have been been cleared for medicinal marijuana by at least a couple of physicians (especially specialists), then immediately speak to your legal defense counsel about filing a motion or petitoning the court to amend the probation order to allow medicinal marijuana usage. It may not be a bad idea to show some medical records proving you need to usage.


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