Grand Forks, ND asked in Criminal Law and Cannabis & Marijuana Law for Minnesota

Q: I'm in Minnesota I have a medical marijuana card and my parole agent does not want me to use marijuanacan I be violated

2 Lawyer Answers
Sarah Gad
Sarah Gad
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: Technically, they can violate you for it (depending on the county) but you could overcome this by seeking a court order from a judge permitting you to use marijuana for legitimate medical reasons. In an ideal system, you would not be violated for taking your prescribed medication, but laws can sometimes be slow to catch up with evolving standards of human decency. So if your PO says no, seek permission from the judge.

Jonathan Matthew Holson agrees with this answer

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: Minnesota now calls what was once called "parole," by the term "supervised release," to describe the period after a state prison inmate is released from prison, but subject to compliance with conditions which, if violated, could result in a return to prison. The Minnesota state prison system is run by the Minnesota Department of Corrections (DOC). DOC has a policy of not conditioning Supervised Release upon no use of medical cannabis, provided the former inmate is a compliant participant in the Minnesota Department of Health medical cannabis program.

The word "probation" describes a stayed sentence with conditions under supervision of the court (a judge). If a condition of probation is substantially violated the defendant could be sentenced by the judge to jail or sent to DOC on a prison commit. The DOC administrative policy does not limit what judges can do. However, in my experience judges generally will respect compliant participation in the Minnesota Department of Health medical cannabis program.

Jonathan Matthew Holson agrees with this answer

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