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  1. #31
    Join Date
    Oct 2012
    Posts
    256

    Default Re: Medical Marijuana and Probation

    I'm looking at mine now it says physicians statement and recommendation California Health and Safety Code section 11362.5 my name recommendation id# issue date

    A long statement which is including ,"this recommendation confirms the fact that the patient whose name and information indicated herein was evaluated by a physician who is licensed to practice medicine in the state of California and whose name and license number are indicated below, recommends that this patient whose name is indicated herein qualifies for the use of medical marijuana (I.e cannabis) for medical purposes under California health and safety code section 11362.5 , compassionate use act of 1996(I.e. prop 215 and senate bill 420)

    It goes on further but I won't bore you with that.
    Then it lists a phone number for 24/7 live verification and a website for 24/7 online verification.

    Then it lists the physicians info Jeffrey Patrick Olsen m.d. License number C54205?and his address and phone number.


    But to recap a DHS card is still about 100 times better than any statement or recommendation legally speaking?

  2. #32
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,320

    Default Re: Medical Marijuana and Probation

    Hey, the DHS card is still the near-guarantee where the recommendation may or may not hold as much weight. The recommendation is a much greater risk than the DHS card. Best choice would be to use something else. Next best choice might be to keep the marijuana at home, and don't carry it around! Since the cops cannot go busting in doors simply for people smoking MJ, you'd be in the clear unless landlords, roommates or neighbors cause problems.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #33
    Join Date
    Oct 2012
    Posts
    256

    Default Re: Medical Marijuana and Probation

    Wait so even with th DHS card you aren't guaranteed?????

    - - - Updated - - -

    I mean for any state law enforcement officials it should be a guarantee to be able to use and possess cannabis if you have a DHS card without any possibility of problems

    (Aside from DEA)

  4. #34
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,320

    Default Re: Medical Marijuana and Probation

    Quote Quoting matt4200
    View Post
    Wait so even with th DHS card you aren't guaranteed?????
    As long as you are within the state standards, you should be. However, under most ANY circumstance there is always the chance - even if small - that an officer will err and make an arrest or issue a cite. I try not to make an absolute statement that someone will be okay if they have the card because there might be some circumstance under which they might not be. Typically, the DHS card should grant you a pass provided you are not holding too much dope.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  5. #35
    Join Date
    Oct 2012
    Posts
    256

    Default Re: Medical Marijuana and Probation

    Under what circumstances would an officer constitute a legal arrest for possession of under an ounce of medicinal cannabis while an individual possess a county DHS card while in the state of CA?

    Just curious

    Oh also question..... Medical Marijuana cannot be prescribed only recommended is that correct?

  6. #36
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,320

    Default Re: Medical Marijuana and Probation

    Quote Quoting matt4200
    View Post
    Under what circumstances would an officer constitute a legal arrest for possession of under an ounce of medicinal cannabis while an individual possess a county DHS card while in the state of CA?
    I can hypothesize until the cows come home ... none leap to mind right now, but that does not mean that some circumstance might not appear. As i said, the odds are slim, but anything might be possible. If I claim that you WILL not be arrested with a DHS card, I could be proven wrong. In general you SHOULD not be, and ultimately you should prevail in any court challenge though the DA would almost certainly drop the matter when the DHS card got brought into it.

    Oh also question..... Medical Marijuana cannot be prescribed only recommended is that correct?
    Correct.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  7. #37
    Join Date
    Oct 2012
    Posts
    256

    Default Re: Medical Marijuana and Probation

    Okay and one last question on this issue ..... Say a state or local law enforcement officer really really hates you, could they slap some cuffs on you while you are in possession of marijuana with a DHS card and wait for a federal officer to arrest you federally?

    Not asking for the odds of this ^^ just asking do they have the authority to do this?

  8. #38
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,320

    Default Re: Medical Marijuana and Probation

    Quote Quoting matt4200
    View Post
    Okay and one last question on this issue ..... Say a state or local law enforcement officer really really hates you, could they slap some cuffs on you while you are in possession of marijuana with a DHS card and wait for a federal officer to arrest you federally?
    That might be difficult as the detention/arrest would seem to be without cause. But, I'll tell ya, there really are not any roving DEA patrols so it just is not going to happen. Now, in places along the border, that might be possible as the ICE (aka USBP) patrols may be in the area. Any such detention for the feds would almost certainly be legally fragile in CA courts. Unless the feds are with the detaining officers as some sort of narcotics task force, I don't see this happening.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  9. #39
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Medical Marijuana and Probation

    Your original question aksed specifically about probation and marijuana. You were told that the department does not have to recognize a recommendation from a doctor. All these hypotheticals about law enforcement and far fetched interactions should be irrelevant from this point on. The law enforcement agency that has direct and consistent contact with you has informed you that your recommendation verification will not prevent them from violating you and allowing a judge to decide your fate. Why test that?

  10. #40
    Join Date
    Oct 2012
    Posts
    256

    Default Re: Medical Marijuana and Probation

    Because the law says so? Haha

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