Richard C. SouthardCriminal Defense AttorneyNew York, NY ·
If your PO has told you that you cant smoke it; try and get a medical marijuana card from a doctor and ask the doctor to write a letter to your sentencing judge asking their permission to allow you to use it. The judge is the only one who can overrule probation’s decision.
Maybe. You really need to speak with your probation officer since pot remains a Federal Schedule 1 controlled substance which makes it technically illegal even though it has been legalized in New York. So, as usual, check with your PO.
The fact that pot may now be legal, does not mean that you are allowed to consume it. Probation makes its own restrictions and can ban the use of pot or alcohol.