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  1. #1

    Default Can You Get Off of Probation for Marijuana Possession by Getting a Prescription

    My question involves civil rights in the State of: Is there a way to appeal a probation sentence if i am a medical marijuana patient? Does it breach my civil liberties to medicate myself if i am deemed a patient....

    I was sentenced to one year of probation in Michigan for possession of marijuana before I obtained my certification as a patient. I brought my certification with all my info and the doctors info and the judge would not acknowledge it. I have been diagnosed and in pain all the time. I have never dropped dirty at my drug test and I have been in compliance with the courts orders. however i feel that the sentencing was unfair because I had only marijuana dust in a grinder when i was arrested.

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: Became a Medical Marijuana Paitent Before Sentencing to Probation

    Michigan law doesn't required the probation department to accept the medical marijuana determination. Your "CIVIL LIBERTIES" are allowed to be infringed. Marijuana is still federally illegal and you've had your due process (trial).

    Your other option is to avoid probation by going to jail. They won't let you toke up there either.

  3. #3

    Default Re: Became a Medical Marijuana Paitent Before Sentencing to Probation

    would appealing my sentence help at all? the judge i was assigned is the only judge that does not acknowledge the medical card in that district.

  4. #4
    Join Date
    Sep 2005
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    98,846

    Default Re: Became a Medical Marijuana Paitent Before Sentencing to Probation

    No. You didn't have any legal right to possess marijuana. You didn't raise a medical marijuana defense. For the duration of your probation, you can talk to your doctor about your other medication options for the condition you are using as a basis for your proposed use of 'medical marijuana'.

  5. #5

    Default Re: Can You Get Off of Probation for Marijuana Possession by Getting a Prescription

    I have documented proof that he has tried Tylenol 3, Norco, vicodin and cortisone shot none of which worked

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Can You Get Off of Probation for Marijuana Possession by Getting a Prescription

    Which means what? You're not getting consideration for busting the law prior to the mm law being passed nor are they required to give you any consideration for your probation.

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