Can You Legally Smoke Weed in New York if You’re on Probation?

Now that recreational pot is legal in New York State, I find myself curious about some of the laws and regulations. Like, I was wondering if medical marijuana is covered by health insurance in New York. And it’s not. Because marijuana is still illegal at the federal level. It doesn’t seem fair, but that’s the way it is. 

I was also wondering if it’s legal to smoke marijuana in New York State if you happen to be on probation. Not that I am, but I was just wondering. So, I Googled it and came up with nothing concrete. According to a lawyer website that I came across, it may be up to your probation officer. At least whether you get regularly tested for weed is up to your probation officer. And I didn’t see it anywhere, but I would imagine that whatever offense you’re on probation for makes a difference.

I also reached out to my friend Rob, a long-time advocate for pot legalization and the organizer of the New York State Harvest Festival. According to Rob, recreational pot is not okay if you’re on probation, but if you have a medical marijuana card, you can consume it even if you are on probation. He’s not a lawyer and he’s not a probation officer, so I’m not sure if this is the actual law or just an observation.

Like with so many other marijuana issues, it remains cloudy. I guess it’s hard to set rules and regulations when the federal laws are different from the state laws. Here’s my take on it. You may or may not be able to smoke weed depending on your probation officer. If your PO says don’t smoke pot and you’re going to be tested for it, then you better steer clear.