Page 1 of 5 1 2 3 ... LastLast
Results 1 to 10 of 43
  1. #1
    Join Date
    Oct 2012
    Posts
    256

    Default 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?

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Probation and Medical Marijuana California

    This again?

  3. #3
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Probation and Medical Marijuana California

    Seriously?!? Got to love the consistency though.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Using Medical Marijuana While on Probation

    (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.
    Quote Quoting H&S Code, Sec. 11362.795.
    (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.
    So there you go. File your motion and convince the court that this is about more than your desire to get high.

  5. #5
    Join Date
    Oct 2012
    Posts
    256

    Default Re: Using Medical Marijuana While on Probation

    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.

  6. #6
    Join Date
    Sep 2012
    Posts
    1,991

    Default Re: Using Medical Marijuana While on Probation

    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?

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Using Medical Marijuana While on Probation

    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.

  8. #8
    Join Date
    Oct 2012
    Posts
    256

    Default Re: Using Medical Marijuana While on Probation

    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)

    - - - Updated - - -

    Quote Quoting Lehk
    View Post
    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?
    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.

  9. #9
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Using Medical Marijuana While on Probation

    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.

  10. #10
    Join Date
    Oct 2012
    Posts
    256

    Default Re: Using Medical Marijuana While on Probation

    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)

    1. Sponsored Links
       

Page 1 of 5 1 2 3 ... LastLast

Similar Threads

  1. Probation and Parole: Medical Marijuana and Probation
    By matt4200 in forum Probation, Parole and Incarceration
    Replies: 51
    Last Post: 12-28-2012, 07:50 PM
  2. Probation and Parole: Medical Marijuana an Informal Probation Violation
    By downandout_ in forum Probation, Parole and Incarceration
    Replies: 5
    Last Post: 12-08-2010, 03:57 PM
  3. Probation and Parole: Getting Authorized for Medical Marijuana While On Probation
    By singlemost in forum Probation, Parole and Incarceration
    Replies: 2
    Last Post: 10-24-2010, 11:58 AM
  4. Probation and Parole: Probation and Medical Marijuana
    By downandout_ in forum Probation, Parole and Incarceration
    Replies: 3
    Last Post: 10-24-2010, 09:33 AM
  5. Drug Manufacture / Cultivation: Growing Medical Marijuana While Living with Somebody Who is On Probation
    By JullianO in forum Criminal Charges
    Replies: 3
    Last Post: 03-05-2009, 03:28 PM
 
 
Sponsored Links

Legal Help, Information and Resources