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??

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

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.-

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.