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  1. #1
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    Apr 2014
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    Unhappy Can You Use Marijuana on Probation if Forbidden by the Court and Probation Officer

    My question involves criminal law for the state of: California

    im on probation in California for another yr.&1/2 it is a condition of my probation not to use illegal drugs. I submitted my dr. recommendation for cannabis to my po and she told me I need to seek a sentence modification from a judge . so I put myself on calendar,saw judge, and presented my rec. he denied it and said I need a rec from my primary care physician along with a letter from that physician stating that ive tried every other option for the treatment of my conditions and this is the only one that helps. he will not accept my recommendation from a "cannabis doctor". ive asked 2 different p.c.p.'s and they said theres no way they will write me a rec.they will give me prescriptions for other drugs such as trama-dol or vicodin or others. I don't want to be strung out on prescription drugs and screw up my liver. and besides that they don't work all that well with out leaving me incapacitated and unable to work much of the time. if the "cannabis dr." who wrote me the rec is licensed in the state of ca to practice isn't this all I need? how can the judge say this? is this lawful to do? can i appeal his decision?do I have any options? what can you recommend and what are my patients rights? please help. thank you

  2. #2
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    Jan 2006
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    Default Re: Can I Use Cannabis on Probation in California if My Po and Judge Says No

    if the "cannabis dr." who wrote me the rec is licensed in the state of ca to practice isn't this all I need?
    well, apparently not since the judge said he will not accept the recommendation. If you want to challenge it, the only thing you can do is smoke your weed and when caught, spend a lot of money to argue there is no reason the judge can deny you your medical weed as it was recommended by a real doctor.

    you will likely be fighting it from inside the jail though since it is a probation violation but hey, I say go for it.



    while I am not a weed proponent as a huge percentage of medical weed users do not really need much of any medical treatment and use the medical use as a way to get high legally, I do see using it in place of the drugs mentioned as a reasonable reason.

    hang on to see if CDWJava responds soon. He is a cop in California and is pretty good on the status of the issue in California currently.

  3. #3
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    Jan 2008
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    Toledo, OH
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    16,307

    Default Re: Can I Use Cannabis on Probation in California if My Po and Judge Says No

    if the "cannabis dr." who wrote me the rec is licensed in the state of ca to practice isn't this all I need?
    Do you already have a medical marijuana card? If not, it's going to be quite a fight, and I'm not confident you'll prevail.

    Read all of this.

  4. #4
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    Apr 2014
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    13

    Default Re: Can I Use Cannabis on Probation in California if My Po and Judge Says No

    thanks for your 2 cents jk, but im not trying to break or test the laws. I just want to know what are my legal rights as a patient and a citizen. if the judge can "discriminate" against doctors and legally has the right to do so then im not about to challenge that. the reason I ask is bcuz when I was on ca parole 3-4 yrs.ago my po said "go ahead, smoke away as long as you have a dr.rec." I now find it strange that probation doesn't say the same and makes me jump through hoops that are too small to even fit through. is it impossible to get a "primary care physician" to write me a recommendation? I do have legitimate reasons for wanting to choose the medications I will or wont use.

  5. #5
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    Sep 2013
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    833

    Default Re: Can I Use Cannabis on Probation in California if My Po and Judge Says No

    Quote Quoting rasta-al
    View Post
    thanks for your 2 cents jk, but im not trying to break or test the laws. I just want to know what are my legal rights as a patient and a citizen. if the judge can "discriminate" against doctors and legally has the right to do so then im not about to challenge that. the reason I ask is bcuz when I was on ca parole 3-4 yrs.ago my po said "go ahead, smoke away as long as you have a dr.rec." I now find it strange that probation doesn't say the same and makes me jump through hoops that are too small to even fit through. is it impossible to get a "primary care physician" to write me a recommendation? I do have legitimate reasons for wanting to choose the medications I will or wont use.
    Health and Safety Code Section 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.
    Judges "discriminate" all the time. It is their job.

  6. #6
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    Apr 2014
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    Default Re: Can I Use Cannabis on Probation in California if My Po and Judge Says No

    thanks missy. to answer your question, I have had a doctor recommendation that expired in march 2014. but my po was testing me as a condition of my parole and told me to see the judge for a sentence mod. my case that im on probation for stems from a raid on my delivery service and comm.warehouse grow about 2 yrs.ago. I was put on "low risk" probation a few months ago and only report to a kiosk once a month. I no longer see a po or test. I asked my new po the same that I asked the previos and was told the same thing. I was also told that she doesn't "test her people unless they give her a reason to". therefore I am not required to test and it is at my po's discretion if she wants to test me. I told her my situation completely and she knows that I am in pain and understands my situation but still says she cant override the judges decision and approve my rec.. my wife doesn't accept that as a "validation" and doesn't think I should take the risk. I see it as an understanding from the po that she isn't going to violate me for using cannabis. so we agree to disagree but ive still decided to find another way to deal with the pain until something changes.

  7. #7
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    Default Re: Can I Use Cannabis on Probation in California if My Po and Judge Says No

    Quote Quoting rasta-al
    View Post
    thanks for your 2 cents jk, but im not trying to break or test the laws.
    I understand that and that was not my point. My point was to challenge the ruling, you will likely have to be in a position that allows you to do that. In the law, most of the time, to file a challenge to a ruling or law, you must be in a "bad position". The courts tend to not allow challenges to rulings or law unless it directly affects you and the only way you can show it directly affects you is to be deemed in violation of the terms of your probation; e.i., in a bad position.

    did you read missy's link? It provides a case which should support your use of marijuana but again, to utilize that, you will likely have to be in a situation of being charged with a probation violation. You can try to get another hearing in front of a judge and present that but if he does not change the terms and allow the use, again, until you are charged with a probation violation, you are where you are.

    does the crime underlying the probation involve drugs? If so, a judge is not likely to loosen the rules on the marijuana use regardless what you show him.

    - - - Updated - - -

    my case that im on probation for stems from a raid on my delivery service and comm.warehouse grow about 2 yrs.ago
    . I think your chances of getting the judge to change the restriction just went from slim to no way is it happening.



    therefore I am not required to test and it is at my po's discretion if she wants to test me.
    that would be incorrect. You are required to test. It is just that the po, currently, does not require you to submit to a test. If you meant you are not required to test per some schedule, you are apparently correct.

    I told her my situation completely and she knows that I am in pain and understands my situation but still says she cant override the judges decision and approve my rec.. my wife doesn't accept that as a "validation" and doesn't think I should take the risk. I see it as an understanding from the po that she isn't going to violate me for using cannabis. so we agree to disagree but ive still decided to find another way to deal with the pain until something changes.
    the po has a lot of discretion here. They can not violate you no matter what you do, even if the court order has some certain restriction. Just the same, if they do violate you, you have no defense such as; my po said it was ok. They are simply covering their backside.

  8. #8
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    Default Re: Can I Use Cannabis on Probation in California if My Po and Judge Says No

    Quote Quoting jk
    View Post
    I understand that and that was not my point. My point was to challenge the ruling, you will likely have to be in a position that allows you to do that. In the law, most of the time, to file a challenge to a ruling or law, you must be in a "bad position". The courts tend to not allow challenges to rulings or law unless it directly affects you and the only way you can show it directly affects you is to be deemed in violation of the terms of your probation; e.i., in a bad position.

    did you read missy's link? It provides a case which should support your use of marijuana but again, to utilize that, you will likely have to be in a situation of being charged with a probation violation. You can try to get another hearing in front of a judge and present that but if he does not change the terms and allow the use, again, until you are charged with a probation violation, you are where you are.

    does the crime underlying the probation involve drugs? If so, a judge is not likely to loosen the rules on the marijuana use regardless what you show him.

    - - - Updated - - -

    . I think your chances of getting the judge to change the restriction just went from slim to no way is it happening.



    that would be incorrect. You are required to test. It is just that the po, currently, does not require you to submit to a test. If you meant you are not required to test per some schedule, you are apparently correct.

    the po has a lot of discretion here. They can not violate you no matter what you do, even if the court order has some certain restriction. Just the same, if they do violate you, you have no defense such as; my po said it was ok. They are simply covering their backside.
    I kind of figured that the po was giving me the safe answer without putting her job in jeopardy. so essentially she is saying that she wont test me if I do ..?

    - - - Updated - - -

    so am i correct that my po is basically saying that she is not interested in violating me for using cannabis, unless i give her another reason why she should..? My wife is still scared that i could get pulled over after leaving a dispensary and get locked up . i told her that the cops don't do that. but ifim pulled over and they know im on probation can they book me or call my po to let her know what im doing? and then its at her discretion if she wants to violate me or not?

  9. #9
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    Default Re: Can I Use Cannabis on Probation in California if My Po and Judge Says No

    it's up to her but since she made a point that she could not alter the terms of probation, even though she said she wouldn't test you unless there was a reason to, she won't so;

    what is a reason in her mind to test you?


    In my suspicious mind, you admitting to using marijuana in contrast to the probation rules might be a reason. It is obviously a violation of your probation and if she is diligent in her duties, that would be a reason to test you.


    she is not interested in violating me for using cannabis, unless i give her another reason why she should..? My wife is still scared that i could get pulled over after leaving a dispensary and get locked up . i told her that the cops don't do that.
    hang around for Carl (CDWJava) but I think you are wrong. If you were out after any curfew, don't you think they would pick you up? What would be the difference? If you are violating the rules (that you should have a copy of on you), what makes you think the cops won't pick you up?

  10. #10
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    Apr 2014
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    13

    Default Re: Can I Use Cannabis on Probation in California if My Po and Judge Says No

    well I kind of thought it was. but I spoke with her about all this a week ago and told her of my intentions to use cannabis and that I have a dr. rec. to do so. this was a day when I was supposed to report to kiosk probation within a 5 day period. I reported later that day and did not have a notice on the system to report in person to my po. I thought maybe the same thing but since she didn't make me report in person, and she seemed to understand the idea of not getting strung out on prescription meds and seemed to have some compassion for me and the predicament im in when I spoke with her on the phone I wonder if she really does have compassion..

    - - - Updated - - -

    Quote Quoting jk
    View Post
    it's up to her but since she made a point that she could not alter the terms of probation, even though she said she wouldn't test you unless there was a reason to, she won't so;

    what is a reason in her mind to test you?


    In my suspicious mind, you admitting to using marijuana in contrast to the probation rules might be a reason. It is obviously a violation of your probation and if she is diligent in her duties, that would be a reason to test you.


    hang around for Carl (CDWJava) but I think you are wrong. If you were out after any curfew, don't you think they would pick you up? What would be the difference? If you are violating the rules (that you should have a copy of on you), what makes you think the cops won't pick you up?
    well I see your point. I don't have a copy of my conditions of probation on me and don't carry one with me. I guess they might take me in depending on the cop..

    - - - Updated - - -

    the judge did state that if I get a letter from my primary care physician stating what hes asked for, he will accept that as valid. but it seems like pcp's are not willing to write a rec. I cant see why its so difficult. is it just the pcps ive spoken with or is this normal for a pcp to not write a rec. for cannabis? do I have any chance at all at getting a sentence modification? do I just need to hop aroun from physician to physician until I find the right one, or is it a lost cause?

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