Can you smoke weed on unsupervised probation

From a purely legal perspective, it does not appear proper to find someone guilty of violating probation because they did something legal in one jurisdiction, simply because it is illegal in another jurisdiction.

If the act occurred completely outside of Virginia, and if the act was completely legal in the place it occurred, that conduct should not be the basis for punishment in Virginia because no laws were violated at the time the conduct occurred. Unfortunately, that perspective has not gained the favor of judges in Virginia.

Marijuana is completely illegal in Virginia, except with some very limited exceptions. The best thing for a probationer to do is to ask his probation officer before smoking marijuana. If the probation officer tells the probationer a violation will be issued upon a positive drug screen no matter the circumstances, then there is clearly a danger of being violated and punished by a judge. Alternatively, if a probation officer informs the probationer he will not be violated unlikely , then the risk of a negative consequence is greatly diminished.

In short, probationers should not think that, just because what they are doing is legal in some place outside of Virginia, it will not, or cannot, be grounds for a probation violation in Virginia. When in doubt, the probationer should check with his probation officer on the parameters of what will cause a violation. If you have already been violated for any reason, you need to consult with an attorney sooner rather than later.

Probation violation hearings are usually set soon after the probationer is in custody, and it is vital for any lawyer to have time to prepare the presentation of the case to the judge to give the probationer the best chance of a positive outcome.

Contact our trusted Fairfax marijuana attorneys by calling I recently had a lengthy court case where the DA wanted me to be on probation for x amount of years. I said "no, I work in the medical marijuana industry, probation is not an option for me. I still said "no I work in the medical marijuana industry, probation is not an option for me," and eventually worked out a dismissal. On the flip side to that, during my case I saw others who were specifically told they could not use mmj or have anything to do with anything mmj related.

So my answer would essentially be the same. If you are a lawful mmj user and you find yourself in a situation where probation becomes a reality it would be your responsibility to address these issues in court.

I am no fan of lawyers by any means but I can't stress enough how valuable they can be in assisting regular joes like us with these kinds of issues. If you find yourself in a situation similar to mine, be honest, be respectful, and be reasonable. It doesn't guarantee shit but I did much better with my case than others I saw in similar situations. Post reply. Insert quotes…. Similar threads D. Unsupervised Probation. Replies 1 Views 2K. Apr 16, Sephiroth Administrative monitoring program?

Ymenow Mar 11, Legal Discussions. Replies 0 Views 3K. Mar 11, Ymenow. What do you think will happen? Replies 3 Views Apr 7, L8tNightSkunk. Probation transfer. Aug 6, merickson. Anyone here have any experience with unsupervised probation that could tell me how there experience went? Joined: Nov 17, Messages: 3, Likes Received: 2, Joined: Jul 24, Messages: Likes Received: I've been on for a couple years only because I continue to get arrested mostly for small things I had possession seling assault.

I've been smoking ever since not 1 drug test. It depends on your PO. Just don't be on the open stay low and watch those ford crown vics and chevys. Joined: Feb 6, Messages: Likes Received: Joined: Feb 11, Messages: 3, Likes Received: 3, I smoked almost everyday that I was on probation up until the last month and a half, and that was by choice.

I was to be drug tested once a month, but that only happened once. It was dirty, but nothing happened. I was taking bong loads outside with a friend when my PO showed up once.