Can Somebody on Probation Live With a Person Who Uses Medical Marijuana

My question involves criminal law for the state of: CA
My 16 year old boy has cancer and we have discussed him getting a doctor's recommendation for marijuana but I've been told I can't have any drugs in the house when I'm on probation. I need to know if I'm allowed to get him a medical recommendation or if it violates the terms of my probation.

You should have this discussion with your lawyer or your probation officer.

Common sense would advise against it. Your son smokes it, guess what - your house, your clothes smell like it.....

PandorasBox he has agreed to consume his medication outside on the patio and marijuana smell doesn't stay on clothes. Please either contribute to the thread or piss off.

Why don't you piss off? She made valid points. You created your own problems, taking it out on someone trying to help makes you look even more stupid than just being a criminal. Further being near the smoke could cause you to fail a drug test. Talk to your probation officer.

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Quoting Ashley Smith

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PandorasBox he has agreed to consume his medication outside on the patio and marijuana smell doesn't stay on clothes. Please either contribute to the thread or piss off.

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You need to speak to your probation officer - only they can answer this question.

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Quoting Ashley Smith

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and marijuana smell doesn't stay on clothes.

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Sure, if you wash them a few times.

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Quoting Ashley Smith

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PandorasBox he has agreed to consume his medication outside on the patio and marijuana smell doesn't stay on clothes. Please either contribute to the thread or piss off.

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Did you just expect people to say, "Yeah go right ahead, no problem?" There can be a problem, regardless of where he smokes it. Discuss options with your probation officer.

I see a violation in your future with that attitude.

As a probation officer, rest assured, marijuana smells your clothes. We smell it so often that you'd be better off refusing to shower in your home in order to try and mask the smell. You know good and well that you are trying to test the waters. I say that because you have the nerve to say if he smokes outside, you can't smell the weed. I really would have tried to work with you as an officer based off of your son's illness. However, based off the fact that you are premeditating how you can get away with it. I'd now suspect that you might indulge in a toke or two yourself.

I couldn't violate based off you smelling like weed. But, I will drop you so frequently, you'd be so well known in my facility, that you'd think that you were Norm from Cheers! And any trace of weed, I'd violate for it. Each and every time.

If it is in the house, you will have constructive possession even if it is prescribed for your son.

We run into the same problem periodically where parolees live in a house where someone else who is otherwise lawfully eligible to do so possess a firearm. A parole search reveals the presence of the firearm and the parolee is violated because they have constructive possession.

what symptoms would this be for? there are oral THC medications available for chemotherapy nausea, ask his doctor about Cesamet or Marinol.

Thanks all for backing me. :)

You know what...I live in a house with a guy who smokes regular old Winston's. I went on a job hunting trip....holy Hell, I did not realize how bad even my suitcase and clothes stank!

To Medical Marijuana Momma: One more little thing. Your probation officer can order pee or blood samples...or hair samples.

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Quoting Ashley Smith

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PandorasBox he has agreed to consume his medication outside on the patio and marijuana smell doesn't stay on clothes. Please either contribute to the thread or piss off.

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We have a word for arrogant little twits who think the world owes them a living.


And you're such a very pleasant little thing, aren't you? Golf clap.

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Ooooooh wait a second...

Google is such a marvellous thing, non?

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Quoting Ashley Smith

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PandorasBox he has agreed to consume his medication outside on the patio and marijuana smell doesn't stay on clothes. Please either contribute to the thread or piss off.

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What? What kind of clothing is he wearing?

Yes, the odor of marijuana can cling to clothing ... it also gets into the hair and onto the skin when used enough.

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Quoting Ashley Smith

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My question involves criminal law for the state of: CA
My 16 year old boy has cancer and we have discussed him getting a doctor's recommendation for marijuana but I've been told I can't have any drugs in the house when I'm on probation. I need to know if I'm allowed to get him a medical recommendation or if it violates the terms of my probation.

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Yes, it can. You will need to speak with your Probation Officer on the matter or you could be violated.

Yes, google is a nice little thing.....

There are some other legal issues to consider.

Can a minor apply for a MMIC?

Yes. A minor (under 18 years of age) can apply as a patient or caregiver under certain conditions. Minors may apply for themselves as qualified patients if they are lawfully emancipated or have declared self-sufficiency status. If the minor has not declared self-sufficient status or is not emancipated, the county’s program is required to contact the minor’s parent, legal guardian, or person with legal authority to make medical decisions for the minor. This is to verify information on the Application/Renewal Form. An emancipated minor or the minor's parent of a qualified patient may apply as a primary caregiver. If a minor declares status as a self-sufficient minor or is an emancipated minor, his or her county program may require additional documentation. Contact your county’s program for more information on additional required documentation.


next to consider - someone to be caregiver for the patient. An to be caregiver, the caregiver has to have a license as well.....and the licenses require photos to be taken.

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Quoting Lehk

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what symptoms would this be for? there are oral THC medications available for chemotherapy nausea, ask his doctor about Cesamet or Marinol.

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His doctor told me he doesn't need THC add much as he needs CBD so Marinol just wouldn't work for him but thanks for the suggestion.

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Quoting L-1

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If it is in the house, you will have constructive possession even if it is prescribed for your son.

We run into the same problem periodically where parolees live in a house where someone else who is otherwise lawfully eligible to do so possess a firearm. A parole search reveals the presence of the firearm and the parolee is violated because they have constructive possession.

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Actually ran into this exact situation with a family member who was on probation, living with a relative. Officers came out to inspect the house and my grandfather had a large collection of rifles and shotguns. Because they were locked in a safe, and then locked in a "wine cellar" that was poured concrete with a metal door, the officer said there were no issues since the one on probation had no access to the room, nor the safe.

That is not a catch all. Not all officers are the same. Not all departments are the same. Comparing what one defendant got away with to another, is a dangerous game.

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Quoting viol8te

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That is not a catch all. Not all officers are the same. Not all departments are the same. Comparing what one defendant got away with to another, is a dangerous game.

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Not comparing - simply illustrating that the decision OP is asking about is made by the PO and that that is who OP should be talking to in order to get her question answered accurately.

If your son truly needs narcotic mediation for pain then it should be prescribed to him regardless of your situation. You need to discuss this with your PO and an attorney that can advise you of your legal rights about this situation.

It may be a violation for you to come in contact with the medication so, you may need to stay clear of the medication and have another responsible adult administer the medication to your son if he cannot legally do so.

You will also be tested for THC and FYI most 10 Panel tests aren't sensitive enough to issue a positive test for second hand smoke. If you test positive on a drug test, your PO and a judge won't believe you no matter how hard you cry that you inhaled second hand smoke.

If your son needs this medication, stay away from it to protect yourself. Make sure he uses his medication in a well ventilated area and stay clear of it. Don't administer it to him. Make sure he locks the medication in a safe that you will not come into contact with and have no means of opening the safe. Do not even come into contact with the key for the safe, you could still violate your probation because you would have constructive possession of the medication. Remember, you need to protect yourself because no one in that courtroom is going to feel any remorse for you when you're crying your eyes out in front of the judge.