I took a phone call this week from someone with what sounded like a simple question: If I am on probation, can I take still take my medically prescribed marijuana? I didn’t know the answer so I told the caller I would look into it and provide an answer.
With the number of people with medical marijuana prescriptions in Florida exceeding 100,000 and more than 166,000 people under supervision with the Florida Department of Corrections, I figured someone else might also have this question.
I searched the websites of the Florida Department of Health and the Office of Medical Marijuana Use; nothing mentioned. I search the Department of Corrections website; nothing mentioned. I searched case law; nothing. My Google search located an article written in 2017 from David Ovalle of the Miami Herald about a man in Miami on probation who had to get a court order to permit his marijuana use. However, this person didn’t have a prescription.
The article noted that states with medical marijuana laws are split on the subject of allowing probationers to use their medically issued marijuana. Helpfully, the article contained a quote from the Department of Corrections indicating that probationers who have a valid prescription will not be tested for marijuana while on probation.
Based on this, I contacted the Department of Corrections for confirmation. I was informed by Correctional Programs Consultant, Gregory Roberts that the Department does not have any policies specific to medical marijuana but treats it the same as any other prescribed medicine so long as the probationer has proper documentation.
So the answer in Florida is . . . I believe the answer is Yes. You may continue to use your medication. My recommendation if you are on probation in Florida and have a valid prescription for medical marijuana from Florida you need to provide proper documentation to your probation officer and follow the law regarding your prescription. However, the Department is clear in its terms of probation that out-of-state prescriptions for medical marijuana will not be honored.
If you are on probation in Florida you must have a valid Florida prescription. If you are reading this from a different state, do not assume this applies to you.
*Disclaimer: This blog post is not intended to be legal advise. We highly recommend speaking with an attorney if you have any legal concerns. Contacting us through our website does not establish an attorney-client relationship.*