State DAs Disagree On Medical Marijuana Use During Probation

The state’s District Attorneys do not agree on whether to allow people with a medical marijuana card to use marijuana while on probation.

Some say yes, but others say no.

In a lot of cases, alcohol is not allowed on probation and it's legal or pain killers are not allowed and they're also a prescription. Right now, Tulsa County says its policy is under review.

Okmulgee and Muskogee Counties say they will allow someone with a medical marijuana card to use marijuana while on probation. But Oklahoma, Rogers, Mayes, Craig, Osage, Pawnee, Pittsburg and Haskell Counties will not.

People on probation agree not to violate any city, state or federal laws and some of the DA's who will not allow it, point out marijuana is still against the law, federally.

DA's Council Board Chair Brian Hermanson says, "The Department of Mental Health has recommended you don't allow people to use it while they're on it."

He points out, alcohol is often not allowed on probation and it's legal or pain killers are not allowed and they're also a prescription. He admits it's a little unusual not all the DA's in the state agree but says they're each elected by their own voters and each can make up their own mind.

"Many times, we're of the same mind, but in this case, different people have different thoughts,” said Hermanson.

He says the safest thing to do is when you go set up your probation, ask if medical marijuana is allowed, so there is no misunderstanding, because people who violate the terms of their condition for whatever reason could end up behind bars.