Ask a Stoner: On Probation for a DWAI (Beer), Can I Use MMJ?

A medical patient n probation for a DWAI (beer) wants to know if he can use marijuana. Our stoner has the answer.

February 23, 2017

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Dear Stoner: I’m on probation for a DWAI from drinking beer. I’m worried that if I test positive for THC, I will lose my probation. I’m an MMJ patient and have been using it for stress-related issues instead of Xanax. I don’t get high and drive; I just need it sometimes at home. Do they really think it’s better to have me on the road zoned out on Xanax?
Gilly

Dear Gilly: They don’t want drivers zoned out on anything, whether it’s beer, cannabis or prescription drugs — and I think most of us agree with that. And, no, I don’t think law enforcement prefers that drivers be on Xanax behind the wheel, but it’s easier for probation officers to test for THC, which stays in your system longer, than for alcohol or prescription drugs. As a medical-marijuana patient who happens to be on probation for drinking and driving, you should know that.

But there's good news: A law passed in 2015 allows medical-marijuana patients on probation to continue using their medication unless their offending crime involved medical marijuana, so it sounds like you should be okay to medicate at home. Just be careful on the road: Although pot DUIs are hard to prove, the court fight can take a long time, and your record won’t help your case.

Have a question for our Stoner? E-mail [email protected].

Herbert Fuego is the resident stoner at Westword, ready to answer all your marijuana questions.

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