Can I use medical marijuana if I’m on probation or parole?

Over 60,000 Kentuckians are on supervised probation or parole. A typical part of these programs are random drug tests. If you are on probation or parole and test positive for a controlled substance, a prescription from your physician is needed to prove you are not using the substance illegally. But what about those using marijuana for a medicinal purpose?

What does Executive Order 2022-798 say?

Governor Beshear’s executive order created a pathway for Kentuckians with a qualifying medical condition to use and possess marijuana without fear of getting a criminal record. But, the executive order does not mention any protections for those on probation or parole.

At this time, it is at your probation officer’s discretion whether or not to allow you to use medical marijuana. If you’re wanting to use medical marijuana while on probation or parole, it could be helpful to consult with an attorney to explore your options. But, there is no guarantee you can legally use medical marijuana while on probation or parole at this time.

What does Senate Bill 47 say?

Senate Bill 47 takes effect on January 1, 2025. Qualifying patients will be able to receive an official Kentucky medical marijuana card that offers unique legal protections, including protections for those undergoing child custody and child welfare determinations, as well as those on probation and parole.

Marijuana testing is most often performed using a urine sample, but may also use samples of blood, saliva, or hair.

SB 47 outlines explicit protections for individuals who are on probation or parole, “A registered qualified patient…shall be afforded all the same rights under state and local law, including those guaranteed under KRS Chapter 344, as the individual would have been afforded if he or she were solely prescribed pharmaceutical medications as they pertain to drug testing required by any state or local law.”

However, if you are on federal probation or parole, it could be a different situation. It may be helpful to consult with an attorney to explore your options in this specific case.

Conclusion

Currently Kentucky medical marijuana patients do not have the protected right to use cannabis while on probation or parole, but many are still able to by presenting their medical marijuana certificaiton to their probation or parole officer and discussing it with them. However, in 2025, medical marijuana cardholders will be allowed to use cannabis while on probation or parole. The use of medical cannabis will be treated just like any other prescription drug regarding drug testing that is required by state or law.