Using Medical Marijuana While on Probation

My question involves criminal law for the state of: CA

Okay, so I have gotten a physician's recommendation for the use of medical marijuana, but my probation officer says that this isn't sufficient, that she needs a prescription. Well seeing as it is impossible, literally to get a prescription for the use of Medical Marijuana that cannot be done.

My question is, is there anything I can do? Because People V. Tilekooh clearly states that while on probation if a physician recommends the use of marijuana for medical purposes with a physician's recommendation or approval that probation cannot violate the individual for such.

She claims that there was supposedly some federal law passed in 2012 specifically banning the use of medicinal marijuana. Was There? I understand that the Federal Controlled Substances act has banned it, but seeing that the Compassionate Use Act, Prop 215 and SB420 were all passed and re-affirmed numerous times through the CA courts, lower and Supreme can probation declare no medical marijuana without a prescription? Considering that no such thing exists?

This again?

Seriously?!? Got to love the consistency though.

(Prior discussion).

I'm not going to dig through that discussion to see whether this was expressly covered, but People v Tilehkooh was supserseded by H&S Code Sec. 11362.795.

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Quoting H&S Code, Sec. 11362.795.

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(a)

(1) Any criminal defendant who is eligible to use marijuana pursuant to Section 11362.5 may request that the court confirm that he or she is allowed to use medical marijuana while he or she is on probation or released on bail.

(2) The court's decision and the reasons for the decision shall be stated on the record and an entry stating those reasons shall be made in the minutes of the court.

(3) During the period of probation or release on bail, if a physician recommends that the probationer or defendant use medical marijuana, the probationer or defendant may request a modification of the conditions of probation or bail to authorize the use of medical marijuana.

(4) The court's consideration of the modification request authorized by this subdivision shall comply with the requirements of this section.

(b)

(1) Any person who is to be released on parole from a jail, state prison, school, road camp, or other state or local institution of confinement and who is eligible to use medical marijuana pursuant to Section 11362.5 may request that he or she be allowed to use medical marijuana during the period he or she is released on parole. A parolee's written conditions of parole shall reflect whether or not a request for a modification of the conditions of his or her parole to use medical marijuana was made, and whether the request was granted or denied.

(2) During the period of the parole, where a physician recommends that the parolee use medical marijuana, the parolee may request a modification of the conditions of the parole to authorize the use of medical marijuana.

(3) Any parolee whose request to use medical marijuana while on parole was denied may pursue an administrative appeal of the decision. Any decision on the appeal shall be in writing and shall reflect the reasons for the decision.

(4) The administrative consideration of the modification request authorized by this subdivision shall comply with the requirements of this section.

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So there you go. File your motion and convince the court that this is about more than your desire to get high.

Okay then one more question, if the individual on probation is on probation in another medical marijuana state such as Nevada, but their current domicile or residence is in California and Nevada probation allowed the individual to live in their home state while on Nevada probation and the probation in the county of residence in California is providing courtesy supervision because the individual lives in their area and not Nevada then what must one do?

Because he is not on California probation and the courts of California have no jurisdiction over his case, and at the same time Nevada does allow probationers to use medicinal marijuana provided they have a recommendation from their physician NOT A COURT ORDER like CA H&S 11362.795.

Marijuana posession is a federal crime, you are already on notice from your Probation Officer that committing this crime or testing positive for Marijuana is not acceptable.

Is getting stoned worth going to jail?

If you believe that the court in Nevada will allow you to smoke marijuana, should you move back to that state, then... I guess that's your solution.

Okay, so even though the supervising county probation officer in California said no medical marijuana I went and contacted my Nevada probation officer who my California probation officer reports to, and she called me back today and said my recommendation was sufficient and just to go to the county DHS office and get a MMIC card and mail her copies of the recommendation and MMIC card and that it would be fine to use, because clearly she has much more experience and knowledge of the subject than the probation in California. So she said that she would contact my CA probation officer and tell her that the MMIC card is more than enough.

I mean the CA probation doesn't even know that it's literally impossible to have medical marijuana prescribed and that it can only be recommended by a physician.

Also marijuana possession is an infraction for any person in the state of CA. It's the same as a parking ticket. No criminal sanction if you're found to be in possession of under an ounce without a medical recommendation.

It's a cheap and effective medication for me personally for depression, anxiety, PTSD and sleep deprivation. It assists me with all of those instead of using multiple medications and costing more money.

So I have another question: Is it against federal or state law to have THC in your system (from more than 12 hours prior to it being found out)?

Because if I have THC in my system with a medical recommendation and it is not a violation of state or federal law would not her point about the Feds not accepting medical reccomendations be moot? (If the only trouble she were accusing me of we're for testing positive for THC and not possession)

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Quoting Lehk

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Marijuana posession is a federal crime, you are already on notice from your Probation Officer that committing this crime or testing positive for Marijuana is not acceptable.

Is getting stoned worth going to jail?

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Seeing as federal charges can only be prosecuted in federal courts and that I am not using my medication that excessively as to warrant a federal trial and waste of taxpayer dollars over less than an ounce of medicinal cannabis I see your argument as moot.

Unless you've heard of someone being prosecuted in federal court on a possession of marijuana charge for under 1 ounce of marijuana.

Clearly, you prefer to smoke your "medicine" and are looking for a way to do so and hoping for an out to avoid jail time as a consequence of your actions. So, go ahead and do as you have always intended and see what happens. Maybe they will go along with the program ... maybe they won't. But, if NV pushes to hard, guess what - CA could always send you back to NV. CA has accepted supervision as a courtesy. NV does not get to dictate all the terms, and if they try, CA can likely send you back to NV to finish your term ... or, NV can drop you from probation if they would prefer.

As i believe I asked many months ago, "Do you feel lucky?" Given how you characterize the luck of you and your friends when it comes to the police, I'd suggest that you shouldn't ... but, it's your call.

My CA DPO told me to "ask the judge to make it official", I suspect that is what my NV DPO is planning on doing because she asked for copies and told me that the judge may ask for the copies but probably not.

So I'm going along with what they say.

Yes it is courtesy supervision but Ventura county isn't playing fair or by the book. Isn't it state law or at least some form of a statute that if you have a DHS card and a recommendation then you are legitimate and probation cannot be violated for use if you have these things?

Still no one has answered my question about if there was in 2011 or 2012 a federal law passed banning states from accepting medicinal marijuana? ( and not the controlled substances act off 1970)

If you want to search through all federal legislation since 2011, start here. If you want me to do that for you, I can quote you a retainer and hourly fee. I'm otherwise not going to try to prove a negative.

As for whether it's unreasonable for your probation officer to abide by California law and H&S Code, Sec. 11362.795? Not even slightly.

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Quoting Mr. Knowitall

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If you want to search through all federal legislation since 2011, start here. If you want me to do that for you, I can quote you a retainer and hourly fee. I'm otherwise not going to try to prove a negative.

As for whether it's unreasonable for your probation officer to abide by California law and H&S Code, Sec. 11362.795? Not even slightly.

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Okay, but I mean can my CA DPO reject what the Nevada DPO says regarding the county DHS card being sufficient or does the CA probation office need to accomadate what Nevada probation's decision to allow me to use medical cannabis?

By the way, does anyone feel kind of awestruck that Nevada would allow probationers to use medical marijuana while California will not? (At least Ventura county)

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Quoting matt4200

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Okay, but I mean can my CA DPO reject what the Nevada DPO says regarding the county DHS card being sufficient or does the CA probation office need to accomadate what Nevada probation's decision to allow me to use medical cannabis?

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Yes. NV cannot authorize you to disobey CA law. If you do not like the conditions placed on you in CA you can go back to NV to finish off your probation.

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By the way, does anyone feel kind of awestruck that Nevada would allow probationers to use medical marijuana while California will not? (At least Ventura county)

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Hardly awestruck ... but, it shows that there is still a small amount of common sense in CA.

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Quoting matt4200

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My question involves criminal law for the state of: CA

Okay, so I have gotten a physician's recommendation for the use of medical marijuana,

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What medical condition do you have that is being treated?

Have you ever seen a psychiatrist? I am not trying to be mean here, it is just that most people with addictions to intoxicating drugs have underlying psychiatric disorders - anxiety disorders, depression, bi-polar, etc. - and they are self-medicating with intoxicating drugs to blunt their symptoms when non-intoxicating prescription drugs would be more effective.

I have Depression, anxiety, PTSD, and sleep depravation, and I use one medication for all of them it's cheap, safe and effective.

and Carl, CA law says that I can use medical marijuana while on probation under People V. Tilehkooh.

There's no CA law stating that one cannot use medical marijuana while on probation. No one in NV is authorizing anyone to disobey CA laws idk where you got that from???

All I was saying was that the Ventura County Probation Agency's typical policy for people on probation in CA under a CA judge's jurisdiction for their probation case they usually require a prescription for the use of medical marijuana as my CA DPO said. But because I am under the jurisdiction of the judge in Nevada, they (Nevada Probation) can somewhat dictate what medications I can and can't use as authorized by a licensed physician.

My CA probation had said get the judge's ok for it and you'll be golden with us, but when I had called my actual assigned PO in Nevada she asked if I had the Recommendation to which I said yes and she told me go down to the local DHS in CA and get an MMIC card and it would be okay for me to use medical marijuana while on probation without needing to fly to Nevada and see the judge who heard my case to edit the terms of my probation.

I hope that makes sense

At risk of repeating myself:

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Quoting Mr. Knowitall

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I'm not going to dig through that discussion to see whether this was expressly covered, but People v Tilehkooh was supserseded by H&S Code Sec. 11362.795.

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You will get nowhere arguing that you can get high on probation based upon a case that is no longer binding on any court. Again, if you want the judge to authorize you to get high, bring your motion.

But my probation is not in California I am only being supervised in my county in CA because that's where I live and therefore not subject to H&S Code Section 11362.795, it's in Nevada and in Nevada their probation abides by state law which is that you may have medical marijuana while on probation if authorized by a physician.

When I called to set up the court date my Nevada Probation Officer told me just to get the physician's recommendation, and get a Medical Marijuana Identification card from my county Department of Health Services office as described in H&S 11362, she further stated that going before a judge would be unnecessary, and simply to mail or fax her copies of both of my things she asked for, and that she would show them to my original judge if she needed to but she thinks it that he will not even request them.

If you want to get high while on probation, you will need to get permission from the court.

You have an obvious alternative, which would be to get competent medical and psychiatric treatment for the purported disorders that make you want to get high all of the time. No problems with the law, no problems with probation, and (assuming your disorders exist) a chance of actually getting better? (But yeah... getting stoned is more fun, right?)

Yes, but the Nevada Supreme Court has yet to make a ruling on this, and acting on behalf of the court is the Nevada probation department which said yes, but CA says different,

This is the part you are not addressing ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ ^^^^^^^^

Look, Matt, do what you want. Keep smoking dope if you wish. Clearly, that IS what you want to do. So, keep smoking, thumb your nose at your P.O. and hope for the best. But, if you want to take CA out of the loop, go back to NV where they apparently will allow you to smoke to your heart's content.

I'm not stating that at all Carl.

I think it's just that you and most people on here believe that cannabis holds no medicinal value and only see it as "getting high".

You are completely denying the facts and attempting to circumvent the questions I have placed before you.

I made a valiant attempt to set up a court date per my CA DPO's request, but when I attempted to make that court date via my Nevada DPO she said that the courts were overfilled as it is, and that in Nevada they simply abide by state law, which is to allow people on probation or not to use cannabis for medicinal purposes.

Now you tell me what you would suggest that I do to make this right, because I really do use it for medicinal purposes as recommended my multiple doctors.

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Any response?

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He just won't stoooopppppp!!!!

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Quoting matt4200

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Any response?

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Um, the answer to that would be, No. No response.

Do what you want to do. Joust with probation, joust with the court, do whatever you wish. But, until there is a clear decision in your case and in writing be prepared to suffer the consequences of a dirty test or possession of your P.O. discovers you using/holding marijuana. It is and always has been your call.

http://i46.tinypic.com/n5k2af.jpg

^^^^^ I wish this site had a "Like" button! ^^^^^

Okay, then I'm not sure if I already asked but,

Is there any law, state (CA) or federal that incriminates an individual for having residual THC in their system, from longer than a 24 hour period?

The reason I ask is that probation says that the reason they don't allow marijuana medically is because it's against federal law.

And if the only Federal law in place is that of which you cannot be in possession of if, not that you cannot have residual THC in your system, then I could within the confines of probation , with a physicians recommenendation, MEDICATE, at a dispensary, and not be in possession of the substance, but still use my medicine and it would not violate federal law, as I would not be in possession of it.

But if there is a Federal law specifically incriminating individuals for havin residual THC in their system then my point is moot, just asking...

Yes, you've asked before. Good grief, just look at your own threads.

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Quoting matt4200

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And if the only Federal law in place is that of which you cannot be in possession of if, not that you cannot have residual THC in your system, then I could within the confines of probation , with a physicians recommenendation, MEDICATE, at a dispensary, and not be in possession of the substance, but still use my medicine and it would not violate federal law, as I would not be in possession of it.

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NONE of which gets you out of the situation we have been trying to beat through your thick skull. If you use and are violated for it, you could be in for a long and costly battle to clear yourself. You could wind up back in jail.

Even if someone here was to point you to a law that would let you toke up to your heart's content, it would NOT stop the state from trying to violate you if they told you no wacky-weed while you are on probation. They could succeed as well and where does that leave you? In the Graybar Hotel with no wacky-weed anyway.

The problem is all this kid's medicine has killed his short term memory. He's like 10 second Tom in 50 First Dates. If you Pee hot, I'm violating you and letting you spend a ton of money trying to justify your obsession with smoking.

See what you guys aren't understanding is that I am currently very anxious, depressed, and not getting enough sleep because I am not "toking up" or in my own words taking the proper medication recommended by numerous physicians for my well being.

I am not using it because I do not wish to get violated.

I am not saying that I am going to use weed no matter what.

What I am trying to convey is for you to assist me coming up with a sound argument to bring before the probation department, one that is so lawfully correct, and well laid out that they have no choice but to let me use medical marijuana (WHICH NEVADA HAS ALREADY SAID IS PERFECTLY FINE, but apparently it hasn't gone through the "proper channels" yet) without any repercussions, because like I asked in my last post, which has still gone UNANSWERED, if I as a CA citizen have a valid recommendation from a licensed physician and I consume medicinal cannabis an excess of 8 hours prior to submitting a urine test, and test positive for THC, if I have sound legal proof that I have laid out beforehand stating that in no way, shape or form is it a violation of state or federal law to have THC not in your possession, but in your system from an excess of 8 hours prior, then because I have the recommendation that allows me to, if it's not against any laws, have THC in my system from an excess of 8 hours prior without the possibility of being violated.

That's what I'm going to keep asking for, so you may as well just do what the forums are here for and help me!

If you can show me proof that my point is moot, and that it is illegal to have THC in your system from an excess of 8 hours prior to testing then I will have no choice but to drop the subject and admit that you are right in this matter and that I can pursue it no further.

Otherwise just try to help me to lay out my statement tastefully,

Thanks

Take the money you aren't spending on weed and go get a consult with an attorney. Maybe you can find a pro-weed atty that will help you out.

Your symptoms sound like withdrawal, you are detoxing.

But Matt, we're not interested in helping you frame an argument for the probation department.

And we have no duty or obligation to do so. This is a volunteer board; we're not getting paid for this; we don't have any obligation to respond to any post we don't want to. You can ask as many times as you want to, but we're not going to do what you ask. And you have no means to force us to.

So go away.

20mg of Lexapro and Clonopin for the anxiety. See? Anybody can give a prescription. Excpet mine would not get you violated if it came from a licensed physician. Unlike your "medicine." Which is a known depressant BTW. Anyway...Happy 4-20.

It counteracts my anxiety and depression at once.

I understand that this is a free community message board, but if you guys insist that I'm incorrect in wanting to use resources alotted to me by the Compassionate Use Act of 1996 to assist in alleviating my multiple conditions then I will insist that I know my body and what helps to alleviate my pain, that has been recommended by multiple licensed physicians for my use.

You're under no obligation whatsoever to assist me, but if you elect not to, then ask yourself why spend your time on here if not to help people?

Medical Marijuana is perfectly legal, if it wasn't I wouldn't be asking for help in proving the legality of its use for medical purposes.

Thanks for your time

Am I the only one who is starting to find this comical. If I am, then maybe I'm going to hell, but really.

We get to choose who we help, Matt. We choose not to help you.

Matt, here's the definitive answer: Speak with an attorney. If you contact NORML they might be able to get you a referral.

Can I pose a question?

Why would the California voters approve the Compassionate Use Act if not for CA citizens to take advantage of it so that they may use Cannabis to ease their pain as described in the name?

Because the voters were sold a bill of goods. The argument FOR Prop 215 was that it would help patients with pain and appetite disorders associated with disease and/or treatment of cancer, AIDS, multiple sclerosis, epilepsy, glaucoma, and similar disorders. They were NOT told that the law would permit anyone with a an owie from a hangnail to obtain a recommendation!

The voters of CA were told this was to help the seriously ill, not that it was to provide cover for those who wanted to toke up. The arguments against Prop 215 tried to bring out the fact that ANY complaint would justify a recommendation, but the voters in their infinite compassion for the seriously ill relied on common sense to prevail ... little did they know at the time that they were played, big time!