Q: If on felony probation, can you be revoked for a positive marijuana drug screen even with a prescribed medical card?
A: You should consider requesting early termination of supervised release—which is what I believe you mean by “federal probation,” as the health issue requiring you to possess a medical cannabis card is likely a “new or unforeseen circumstance,” that makes early termination appropriate when considered in light of (hopefully) other favorable personal characteristics. I recently won such a request in United States v. Jose Pereyra, 14-cr.-268 (KMK) (Dkt. 190) (SDNY, March 21, 2022)(Government consenting to early termination of supervised release for NYS medical cannabis patient).
A: With a prescription no. Without a prescription yes.
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