Prosser, WA asked in Cannabis & Marijuana Law and Criminal Law for Washington

Q: Is marijuana in a recreationally legal state considered illegal if probation states no illegal drugs allowed?

I moved here on an interstate compact from Oklahoma to Washington. My stipulations on probation state no controlled substances without prescription or illegal drugs. Since marijuana is recreationally legal in this state and my stipulations aren't specific, only typical rules for anyone on probation from that state, would marijuana be considered an illegal drug according to the terms of my probation since I am monitored by a recreationally legal state now.

1 Lawyer Answer
Aaron A. Pelley
Aaron A. Pelley
  • Cannabis & Marijuana Law Lawyer
  • Seattle, WA
  • Licensed in Washington

A: Short answer, no. Unfortunately, the legislature has specifically decided that people who have committed crimes do not deserve one of the safest drugs that is available for treating a number of medical conditions. The provision for medical cannabis specifically calls it out by saying, " Nothing in this chapter diminishes the authority of correctional agencies and departments, including local governments or jails, to establish a procedure for determining when the use of cannabis would impact community safety or the effective supervision of those on active supervision for a criminal conviction, nor does it create the right to any accommodation of any medical use of cannabis in any correctional facility or jail." So even if you were using this for cancer treatment or epilepsy, they can, and oftentimes will, specifically deny your ability to use. Although many have called out this ridiculous position, it is hard to get people to rally around the changes laws to help those convicted of a crime.

With regards to recreational use, since it is "legal" in this state, also does not prevent them from restricting your use. As with many probationers, possession of firearms or consumption of alcohol is also legal. It is still restricted under many interstate compacts and will not be allowed.

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