Will Using Medical Marijuana Affect My Parole
Provided by HG.org
The ability to acquire a permit for medical marijuana and use the substance depends on the state and laws that may alter permissible actions. Those that are in custody, are on probation or parole could face severe consequences when they are not aware of these factors that affect what substances are consumed.
There are certain situations where the person that is in custody or is going through probation or parole may use medical marijuana. This is highly dependent on the probation officer, case manager or correctional supervisor overseeing the individual. If he or she has approved the action, the inmate has the option to utilize this medication. However, it may be necessary to get this approval in writing to prevent possible penalties, incarceration or added time to sentencing. In certain circumstances, the individual may need the advice of a lawyer. The legal representative will have access to information about whether legal action against him or her is possible.
Before acquiring the authorization from a correctional facility supervisor to use medical marijuana, it is crucial to contact a lawyer to determine if it is possible based on the state and circumstances. However, the person must apply for a state medical marijuana identification card. To entice the supervisor, the inmate may need to stress how his or her usage would not affect or harm other convicted criminals. Edible or drinkable alternatives may become the best options in these situations. While it is possible the supervising official will permit the usage, many decline based on numerous factors.
After a personís release from jail or prison, he or she may use medical marijuana based on certain circumstances. These are often dependent on the condition, the parole officer and having a state medical marijuana ID card already. If the request for this was denied, the individual may apply again. However, in instances where this card is already in possession, the parolee has a better chance of usage when needed. The doctor in these cases generally has recommended the use of medical marijuana for the condition treated. This authorizes the released person the ability to consume the drug. However, additional stipulations may exist with the state or parole officer involved.
Denial for the usage of this substance may change through an administrative appeal. This is usually provided in writing and may explain why the reversal occurred. To ensure the drug is consumed appropriately and with all necessary permissions, the parole agent is provided a copy of the ID card for medical marijuana consumption based on a medical condition. The parolee substance testing necessity is rescinded while he or she has the ID card and in parole custody. These tests are skipped only during this period. If the ID card expires or the doctor changes these orders, the person may need to take these tests once again.
Consuming Medical Marijuana while on Parole
Some states have legal marijuana laws. Others permit the use of medical marijuana based on the condition the patient has. In these situations, consumption or use of marijuana for medicinal means is generally accepted. Even in states where medical marijuana is barely tolerated, with a medical ID card, these persons are often given permission. However, it is important to contact an expert in the laws of the state where the parolee resides to determine if there are any complications with these matters. Some areas of the country may have laws where police may arrest the person for possession even if the drug is for medical purposes.
Some individuals need to contact the Department of Health for additional assistance. However, once the medical marijuana ID card is in possession, the parolee is generally free from drug testing and complications. The parole officer or supervisor needs all documentation in writing and in the personís file. This frees these parties from responsibility. This has the added benefit of ceasing drug tests while the condition or ID applies. The Compassionate Use Act may also apply for those that do not have a medical marijuana card but still have a condition that necessitates the use.
Legal Support for Parolees
When any complications arise or before the parolee states using medical marijuana, it is important to hire a lawyer. The rights of these persons should remain intact even when these drugs need consumption. The legal representative will protect the clientís rights and explain any issues with parole officers or other law enforcement that attempts to charge the person with drug possession.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.