Asked in Cannabis & Marijuana Law and Criminal Law for Kentucky

Q: Can you use medical cannabis while on supervised probation in kentucky?

I am a disabled veteran on low level supervised probation for a non drug related offense. With Governor Beshear recently enacting an executive order to where individuals can use medical cannabis in Ky, I have been diagnosed by the VA with 2 of the 21 qualifying conditions allowed in the order and was curious if I would be allowed to use medical cannabis while on probation. I haven’t used yet and won’t until I talk with my PO but I’m afraid to even bring it up for fear of retaliation and the fact he might add more time. I’ve never been in trouble, have no record other than the one charge I’m on probation for, I have paid all restitution back already, send in my weekly pay stubs, and have had zero violations. Is this even worth trying to talk to him about and is there any legal basis to try? Other states with medical cannabis allow for individuals prescribed cannabis to use it while on probation/parole and I was curious if this order allows that here in KY. Thanks.

2 Lawyer Answers
Leland Hulbert
PREMIUM
Leland Hulbert
Answered
  • Criminal Law Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: No. You can talk to your probation officer about a waiver if medically necessary.

Timothy Denison agrees with this answer

Timothy Denison
Timothy Denison
Answered
  • Criminal Law Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: I would make a motion given the new law regarding medical marijuana and get permission from the court. You should be able to get a medical waiver for it and get it approved.

2 users found this answer helpful

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