293) Can I use Rx Marijuana while on Probation in FL? #HaberPA Miami Criminal Defense DUI Lawyer
Channel: Michael Haber
Date: 2018-10-18

Can I use Rx Marijuana while on Probation in FL?

Under FS 948.03(L)(1) anyone who’s on probation in FL is subject to random urinalysis at their PO’s discretion.  Further, the Court is perfectly free to order periodic urinalysis as a special condition of probation.  So what happens if you test positive for marijuana while on probation?  

The same thing that happens if you test positive for any controlled substance while on probation... you get violated.

But, if you have a legitimate prescription for any controlled substance, including marijuana, then you have an affirmative defense to the VOP.

If you have bona fide medical marijuana prescription and you’ve been issued a medicinal marijuana card from the State of Florida, then you’ve been cleared by your doctor, and by the State, to have and to use medicinal marijuana, and not only can it be in your system but it’s expected to be in your system.  And this holds equally true for medical marijuana as it would for benzos, opiates or any other pharmacy dispensed and prescribed medication.

Now, if you have a controlled substance in your system that doesn’t comport with a prescription - say for instance cocaine or MDMA - well then you have yourself a problem.

The only other thing that I’d note for you is that under FS 948.03(N), Rx or not you’re subjected to a VOP if you use “intoxicants to excess”, so, arguably, abusing Rx meds could lead to a violation.

The best way to avoid this problem is to advise both your Judge and PO of any Rx medications right up front.

Thank you for your question.  I appreciate your having asked it.  Please remember that at #HaberPA it’s all about reasonable doubt!

At Michael A. Haber, PA "it's all about reasonable doubt"!

Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series.  Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case.  Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

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