Drug Crimes

Is It A Probation Violation To Use Medical Marijuana?

If I have a medical marijuana card, can I violate my probation if I test positive for THC?

Although the use of medical marijuana is legal for those with registered medical marijuana cards, there are still a lot of myths surrounding the use of marijuana in Florida. As criminal defense attorneys that often represent clients after a conviction, we are commonly asked if testing positive for THC with a medical marijuana card will result in a violation probation.

In short, the answer is no. If you test positive for THC, and you are a patient on the Compassionate Use Registry in Florida, you will not violate your probation.

Using Medical Marijuana On Probation

Just last year, a Miami judge allowed Miguel Valdes, who was on probation for a gang murder in 1999, to legally use marijuana. Valdes was approved to participate in Florida’s new medical marijuana program, and he is just one of many probationers now allowed to legally consume the drug.

The Florida Department of Corrections, which routinely drug tests individuals on probation, has confirmed that when a probationer has a valid medical marijuana card, they will not be drug tested for marijuana use. However, they will still be tested for other illegal drugs.

The does not mean, however, that individuals on probation can smoke marijuana openly and are not subject to other laws governing the use of cannabis. For example, the Florida State Legislature has not yet legalized the actual marijuana flower. If an individual with a valid medical marijuana card is caught smoking or in possession of the marijuana flower, then they will be in violation of their probation.

Medical Marijuana Use In Florida

Cannabis is listed as a Schedule I drug federally, and possession of the drug in Florida is illegal except for medical use. Only patients on the Compassionate Use Registry may lawfully possess or use cannabis in the state. Florida is one of 29 states with laws allowing for the use of medical marijuana.

The first medical marijuana law in Florida passed in 2014. Since then, Floridians have voted to expand the law. Marijuana is now used to treat conditions such as AIDS, glaucoma, PTSD, Chron’s disease and Parkinson’s disease.

If you are on probation and prescribed a medical marijuana, the best thing to do is to verify your eligibility for medical cannabis treatment with the probation officer before filling a prescription. Even after you are placed on the Compassionate Use Registry, it is still up the discretion of the probation officer and presiding judge as to whether you can use medical marijuana.

If you have any questions regarding your right to use medical marijuana while on probation, contact our Florida criminal defense lawyers today.

Gregory Salnick

Mr. Salnick is a Florida Board Certified Specialist in Criminal Law. He began his legal career at the Palm Beach County State Attorney’s Office where he prosecuted over 90 jury trials, ranging from DUI to murder, armed robbery and drug trafficking. Mr. Salnick quickly gained a reputation as a tenacious and ethical attorney at law. Mr. Salnick now serves as state and federal criminal defense attorney at Salnick & Fuchs, P. A.

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