If I use medical marijuana, is that a violation of my probation?
Question Details: My terms for probation states, "use no unauthorized drugs, narcotics or controlled substances. Submit to drug test as directed by any law enforcement officer" but here in CA marijuana is medical and legal. Also, I'm over 21 years of age. So is smoking marijuana violating my probation?
Unfortunately, legal in CA or not, marijuana is still an illegal drug under (a "controlled substance") under federal law, so smoking it is a federal crime. (Federal law trumps or overrules state law, owing to the U.S. Constitution's "Supremacy Clause," so while CA can choose to not punish someone for marijuana use, it cannot make marijuana, even within CA's borders, legal under federal law.) Therefore, yes: smoking marijuana would be use of a controlled substant and violation of your probation.
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