Judge May Prohibit Medical Marijuana Use as a Condition of Probation
It is increasingly common for judges nowadays to specify to a defendant being placed on probation that he or she cannot use marijuana. Defendants often respond quickly, “but I have a medical marijuana card, Your Honor.” The judge says, “Sir (or Ma’am), I repeat, you cannot use marijuana in any way, shape or form as a condition of probation. I do not care if you have a medical marijuana card.”
Rhetorically speaking, is this legal? What if the marijuana’s medical purpose is to prevent pain – can a judge make such medical use illegal?
The case of Steven Hughes addressed this issue. Mr. Hughes was convicted of cultivating marijuana (a violation of California Health & Safety Code
