Can You Smoke Marijuana on Probation with a Medical Card?
- Fact-checked by Dr. Desiree Granados
The intersection of medical marijuana use and probation is a complex and ever-evolving issue that involves both medical and legal rights. With more and more states legalizing medical marijuana, individuals on probation with medical marijuana cards face a legal landscape that can be difficult to navigate.
In this article, we’ll shed light on whether you can smoke marijuana while on probation if you hold a valid medical card.
Can You Get a Medical Card While on Parole or Probation?
The answer as to whether you can obtain a medical marijuana card while on parole or probation depends on the conditions set forth by your parole or probation officer and the cannabis laws of your home state.
In some cases, individuals on parole or probation may be permitted to use medical marijuana if they receive explicit permission from their supervising officer and obtain an MMJ card. However, in other cases, the use of any form of cannabis, including for medical purposes, may be strictly prohibited for those under such supervision.
States That Allow Medical Cards During Probation or Parole
The following states allow you to obtain an MMJ card while on probation or parole (though some applicants must meet narrow criteria):
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Florida
- Hawaii
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nevada
- New Jersey
- New Mexico
- New York
- Ohio
- Oklahoma
- Pennsylvania
- Rhode Island
- South Dakota
- West Virginia
States That Don’t Allow Medical Cards During Probation or Parole
The following states don’t allow you to obtain an MMJ card while on probation or parole (either because they don’t have medical cannabis programs or prohibit those on probation or parole from using cannabis):
- Georgia
- Indiana
- Iowa
- Kansas
- Kentucky
- North Carolina
- South Carolina
- Tennessee
- Texas
- Wisconsin
- Wyoming
Can You Get a Medical Card if on Federal Probation or Supervised Release?
Typically, individuals under federal legal supervision are prohibited from using substances that are illegal on the federal level, including marijuana, regardless of their states’ cannabis laws. This means that obtaining and using a medical marijuana card while on federal probation or supervised release could be treated as a violation of your probation or supervised release terms.
Can You Use Medical Marijuana on Probation?
The legality of using medical marijuana while on probation depends on the conditions of your parole and your home state’s laws. In some regions, individuals on probation may be allowed to use medical marijuana if they have a valid MMJ card. However, in other states, the use of any form of cannabis, including medical marijuana, may be strictly prohibited for those on probation.
If you’re on probation, it’s crucial to consult your probation officer to understand whether you can use medical cannabis without violating the terms of your probation.
What Other Drugs Violate Probation?
In the United States, individuals on probation are typically required to abstain from illegal drug use and, in some cases, are subjected to periodic drug tests. The following is a list of drugs that are generally off-limits for those on probation:
- Amphetamines (without a valid prescription, e.g., Adderall)
- Benzodiazepines (without a valid prescription, e.g., Valium, Xanax)
- Cocaine
- Ecstasy (MDMA)
- Marijuana
- Methamphetamine
- PCP (Phencyclidine)
- Prescription Opioids (without a valid prescription, e.g., Oxycodone, Hydrocodone)
What Happens When You Violate Probation for Drugs?
In the United States, the consequences for violating probation for drug use depend on the nature of the violation, the specific terms of your probation, and your criminal history. Typically, consequences range from increased supervision and mandatory drug counseling/testing to an extension of the probation or even imprisonment.
Ultimately, though, the decision as to how to punish the offender is left up to the discretion of the probation officer and the judge.
Conclusion
If you’re considering using medical cannabis while on parole, understanding your rights is paramount. Be sure to communicate openly with your probation officer to stay in compliance with the specific terms of your probation or parole. In addition, try to stay informed about the cannabis laws in your home state so as to avoid violating them.
If you don’t have an MMJ card but would like to obtain one, the Sanctuary Wellness Institute can help. We can connect you with a medical marijuana doctor and guide you through the process of applying for a medical marijuana card so you can get one as soon as possible. Book an appointment with the Sanctuary today to discover whether you’re eligible for a medical cannabis card.
How we reviewed this article:
- HG.org (2024). Medical Marijuana – Will Using It Affect My Parole?
https://www.hg.org/legal-articles/medical-marijuana-will-using-it-affect-my-parole-46128 - Kahn Tax Law (2018). Thinking About Using Medical Marijuana While On Federal Supervised Release Or While Serving Federal Probation?
https://www.kahntaxlaw.com/110thinking-using-medical-marijuana-federal-supervised-release-serving-federal-probation/ - The Clark Law Office (2021). Can I Use Medical Marijuana While on Probation?
https://criminallawmichigan.com/medical-marijuana-attorneys/can-use-medical-marijuana-probation/ - ReliaLabTest (2024). What Happens If You Fail a Drug Test on Probation?
https://relialabtest.com/what-happens-if-you-fail-a-drug-test-on-probation/ - Naegle Law Firm (2022). WHAT HAPPENS IF YOU FAIL A DRUG TEST ON PROBATION?
https://www.naeglelawfirm.com/blog/2022/december/what-happens-if-you-fail-a-drug-test-on-probatio/
Current Version
April 25, 2024
Written By
Jake Peter
Fact-checked By
Dr. Desiree Granados
Editorial Process
Our Editorial Process
Jake Peter received his journalism degree from Emerson College and has been writing content for the Sanctuary Wellness Institute since 2021. He is passionate about all things cannabis.