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Benefit from the Experience of Attorneys Bill and Valerie Sherman Former Assistant Attorney General, Assistant County Attorneys and Magistrate Judge

Can I smoke marijuana in Colorado if I am on probation in Georgia?

Question: I'm going skiing in Colorado soon and I'd like to smoke pot there now that it's legal. I think it's cool that finally someone said it's Ok to smoke. Problem is that I got a DUI inCobb County about 8 months ago when I was driving home from my job in Woodstock and I pled guilty about 2 months ago.

So now I'm on probation for the next 10 months and the Cobb judge really didn't seem too cool. I know I'm not allowed to drink on probation but I'll be in Colorado and I know that pot just got legalized there. So if I'm in Colorado can I smoke some marijuana because it's legal? Can Cobb County, Georgia stop me from smoking a joint with my friends? I got a DUI for alcohol not cannabis so why can't I smoke?

Answer: Probation for a Georgia DUI entails completing certain activities and refraining from engaging in other activities. While you are on probation for DUI you are forbidden to take drugs without a prescription. If you engage in smoking marijuana you are ingesting a drug. If you are given a drug test by your probation officer and you fail, you have violated terms of your probation. The probation officer will find that probation terms have been violated and you will be subject to punishment. This could result in incarceration in the Cobb County jail.

We at the Sherman Law Group try to answer as many questions as possible. If you have a question email it to us and we'll do our best to answer it. No names will be used.

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