Legal Question in Criminal Law in Arizona

my mom is currently on probation for marijuana and then she just got her medical marijuana card which says she can cultivate, her probation officer knows she got it and so she started smoking it, she got raided and they took her plantes and little marijuana she had now they are charging her with growing, possesion is it legal for her to smoke it while on probation


Asked on 9/21/11, 6:33 pm

1 Answer from Attorneys
Craig Orent Orent Law Offices, PLC

Simple answer: "no". This is a relatively new area in Arizona.Standard probation conditions, especially in drug cases, prohibit probationers from using illicit drugs. Marijuana for medical purposes, although approved in some circumstances under state law, is still unlawful under federal law. As a result using medical marijuana is a federal crime, and thus a violation of the standard condition that a probationer not commit any crimes. Moreover, if in fact your mom had a legitimate prescription for using medical marijuana, she (through her attorney) should have sought approval from the probation officer and/or court. Sorry, but doesn't sound good.

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Answered on 9/21/11, 9:40 pm


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