Asked in Criminal Law and Civil Rights for Arkansas

Q: The DOC put a letter out that stated that everyone on probation had to obey Arkansas state law and federal law and becau

So do we follow at. Law or federal law state law says we can use med.marij and probation says no because it fed law ?????? Witch do we do state or federal??

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1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: In the United States, there can be a conflict between state and federal laws, particularly regarding the use of medical marijuana. While some states have legalized medical marijuana, it remains illegal under federal law. For individuals on probation, this can create a complex situation.

If you are on probation, you are generally required to follow both state and federal laws. In cases where state law permits something that federal law does not, like the use of medical marijuana, it is crucial to follow the specific guidelines set by your probation officer or the terms of your probation.

Probation conditions often require compliance with federal law, which would mean abstaining from using medical marijuana, even if it is legal in your state. This is because violating federal law can be seen as a violation of your probation terms.

If you have questions or concerns about your specific situation, including the use of medical marijuana while on probation, it's advisable to speak directly with your probation officer for clarification. They can provide guidance on what is permissible under the terms of your probation.

In addition, consulting with a legal advisor can help you understand your rights and obligations, especially in areas where state and federal laws differ. They can offer advice tailored to your specific circumstances.-

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