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zwany · Mar 5, 2013, 10:09 AM

My parent has a medical marijuanna card and provider card, can I reside in that home while on felony probation

smoothy · Mar 5, 2013, 10:43 AM

No... you would be in violation of your probation.

excon · Mar 6, 2013, 04:15 AM

Hello z:

I think you can.

excon

Handyman2007 · Mar 11, 2013, 08:11 PM

You would technically be in violation. You need to ask your P.O.

excon · Mar 12, 2013, 08:45 AM

Hello again, z:

You need to ask your P.O.

If you want to know what your LEGAL rights are, the LAST person I'd ask is your PO.

Let's say that one of your parents were prescribed a narcotic like Oxycontin, for example. Would THAT prevent you from living there? I don't think it would. Why would THIS prescription be any different? From a legal standpoint, it wouldn't.

If you ask, of course, they'll SAY no. Instead, I'd behave as though whatever drug your parents are prescribed has NO effect on your supervision. That means you don't mention it UNLESS it comes up.

That would be the way I'd handle it. Others may disagree, and I'm sure they will.

Excon

smoothy · Mar 12, 2013, 08:48 AM

Well, despite what Colorado California and another state or two think they can say... FEDERAL law says mariguana is illegal... and federal law always supercedes state law when there is a conflict.

Do you REALLY want to take a chance and get violated?

Handyman2007 · Mar 12, 2013, 08:53 AM

One problem would be exposure to the "second hand" smoke. If you are randomly tested for drugs, you could get a positive result.

excon · Mar 12, 2013, 08:57 AM

Hello again, smoothy:

Do you REALLY want to take a chance and get violated?

You make a good point.. If he's under federal supervision, the PO is bound by federal laws. However, if it's state supervision, STATE law prevails.

But, this IS his parents house. More than likely he has NOWHERE else to go. And, nowhere else to go, might mean jail or the streets. Those options look more RISKY to me than living with my pot smoking parents...

Excon

dontknownuthin · Mar 12, 2013, 09:04 AM

You'd be better off finding other affordable housing, whether living with a sibling or grandparent, or moving into a half-way house for felons re-entering society. Usually when people get in serious trouble, whether a drug issue, bad relationship or other sketchy situation that leads them to misery, they see it coming in the beginning. There are usually red flags. Yours is waving in this situation. And being around someone who's using pot, medical or otherwise, is not a great idea anyway if you have a difficult past.

Besides the fact that it's presence is a federal crime, you always have to consider the potential appearance such details make to a court. You might be able to explain it away if it comes up in a future court matter, but what will stand out is that you're a felon in a home with drugs. You can't make a reasonable claim they are "legal" because nationally, they still aren't.