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  1. #1
    Join Date
    Jun 2015
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    2

    Lightbulb Can You Use Marijuana on Probation if You Have a Medical Marijuana Card

    My question involves criminal law for the state of: Indiana

    I was arrested in Indiana for the unlawful possession of marijuana. I am currently on probation right now signed a conditional discharge agreement. This agreement has a check mark next to the relevant info:

    Do not use or consume alcohol or alcoholic beverages OR illegally use or possess controlled substances.

    My question is, if my physician recommends me to use medical marijuana, and is willing to give me medical records supporting this, will I be violating my terms of probation? I am currently residing in the state of CA.

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: Medical Marijuana Card While on Probation

    Yes. Even in California, your sham recommendation means NOTHING as far as the corrections department is concerned.
    Indiana doesn't even recognize that travesty going on in Californica.

  3. #3
    Join Date
    Jan 2010
    Location
    New Jersey
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    Default Re: Medical Marijuana Card While on Probation

    You would need to get a medical marijuana card in order for you to legally have the drug, not just a recommendation from a doctor. In order for that doctor to give you a card, you would need to have one or more of the following conditions.

    Chronic and severe pain, including pain from arthritis, migraine headaches, and Crohn’s disease
    AIDS
    Hepatitis C
    Multiple Sclerosis
    Asthma
    Epilepsy
    Alzheimer’s Disease
    Any terminal illness

    Even if you can get a card, it won't save you from the prior charges pending against you in Indiana and the new probation violation in CA if that is where the probation is from

  4. #4
    Join Date
    Jun 2015
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    2

    Default Re: Medical Marijuana Card While on Probation

    I guess I should give a bit more clarification. By medical records, I mean I could get a medical cannabis card with the recommendation, I just don't know if it would be legal to do so with my current situation.

  5. #5
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,534

    Default Re: Medical Marijuana Card While on Probation

    Why don't you just ask your PO for clarification? But, my bet is that (unless you are a terminal cancer patient), considering you are on probation for marijuana possession, possessing marijuana is going to be a violation of your probation whether you have a card or not.

  6. #6
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Medical Marijuana Card While on Probation

    The problem is that while use and possession of marijuana is legal in Indiana if you have the medical marijuana card, it is still illegal under federal law, even though the DOJ doesn't presently enforce that law against persons who are in compliance with state law on marijuana use and possession. Thus, by the literal terms of your probation, you’d violate probation by possessing it and using it. Whether your probation office or the courts will stick to that literal interpretation I cannot say, but I suggest you consult a local criminal defense attorney about that before you go out and get any medical marijuana.

  7. #7
    Join Date
    Sep 2010
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    19,901

    Default Re: Medical Marijuana Card While on Probation

    Quote Quoting Taxing Matters
    View Post
    [FONT=Garamond][SIZE=3]The problem is that while use and possession of marijuana is legal in Indiana if you have the medical marijuana card,
    It is NOT. There is no medical marijuana exception in Indiana. It's 100% illegal (and criminal there).

  8. #8
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Medical Marijuana Card While on Probation

    If your probation is out of Indiana I don't care if you have 12 doctors writing prescriptions for marijuana; you will be violated if you test dirty. Indiana does not allow it PERIOD and their rules will apply to your probation.

  9. #9
    Join Date
    Oct 2014
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    8,238

    Default Re: Medical Marijuana Card While on Probation

    Quote Quoting flyingron
    View Post
    It is NOT. There is no medical marijuana exception in Indiana. It's 100% illegal (and criminal there).
    Yeah, I had in mind CA because he’s residing there, but wrote Indiana because he stated that’s where he’s living. The issue would be whether using the drug in CA where medical marijuana is allowed would still violate the Indiana probation (if that’s where the probation is). The probation order merely says he cannot use any illegal controlled substance. As I said earlier, if the court sticks to the literal interpretation of that, then the use is prohibited and would violate the probation.

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