If I use medical marijuana is that a violation of my probation?

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If I use medical marijuana is that a violation of my probation?

My terms for probation states,

Asked on May 1, 2019 under Criminal Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Unfortunately, legal in CA or not, marijuana is still an illegal drug under (a "controlled substance") under federal law, so smoking it is a federal crime. (Federal law trumps or overrules state law, owing to the U.S. Constitution's "Supremacy Clause," so while CA can choose to not punish someone for marijuana use, it cannot make marijuana, even within CA's borders, legal under federal law.) Therefore, yes: smoking marijuana would be use of a controlled substant and violation of your probation.


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