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  1. #1
    Join Date
    Apr 2013
    Posts
    16

    Default Do You Have to Sign Two Different Probation Contracts in Two States

    My question involves criminal law for the state of: MA/NH

    Hello, and thanks in advance for reading.

    I was sentenced to Probation in Massachusetts, and I am a NH resident. In MA, they are requiring I submit to Alcohol testing, but not drug testing. That is what I signed, and the Judge even said verbally he didn't care about drug testing in this case.

    Upon meeting with my NH Probation Officer, I had to sign a contract that was way more strict than the one I signed in MA. This one, as you may have guessed, includes the statement that I cannot use illicit drugs including synthetic marijuana (whatever that is). In Court, my MA PO said to the Judge that my NH contract and MA contract are the same. Which of course isn't true.

    I need to make clear that I am not an alcoholic or drug addict, and my case had nothing to do with drugs. I haven't used illegal substances in many years, and even then I was just smoking marijuana. But...I have a severe chronic pain issue, and the pain clinic has prescribed me opiates and synthetic opiates, but the side effects for me are brutal. I only take them if I can't get out of bed, or need to vacuum, clean, etc.

    I want to try Marijuana for my pain, but the medical marijuana laws in NH are still new, and my PCP will not want to prescribe it for anyone (In NH you need a 3 year relationship with the prescribing Doctor, so changing Doctors isn't a possibility).

    So, I want to try it on my own to see if moving to a new state is in my future for pain management. But, if I will be violated in the NH drug test, it's not worth it. To me, it would make sense that the MA conditions of Probation are the guidelines for violation. But, after trying to research NH RSA's and MGL's, I can't seem to find any answers.

    Any help is greatly appreciated, and I apologize for the longer post, but I figured being precise and well-worded would help anyone wishing to help me

    Thanks everyone!

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Do You Have to Sign Two Different Probation Contracts in Two States

    Quote Quoting MrSleigh
    View Post
    I want to try Marijuana for my pain, but the medical marijuana laws in NH are still new, and my PCP will not want to prescribe it for anyone (In NH you need a 3 year relationship with the prescribing Doctor, so changing Doctors isn't a possibility).

    So, I want to try it on my own to see if moving to a new state is in my future for pain management. But, if I will be violated in the NH drug test, it's not worth it. To me, it would make sense that the MA conditions of Probation are the guidelines for violation. But, after trying to research NH RSA's and MGL's, I can't seem to find any answers.
    Realistically, if you want to try it you really need to be moving to a state where its legal.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Do You Have to Sign Two Different Probation Contracts in Two States

    The way interstate probation works is that the state you were sentenced in will send the transfer document with your existing probation conditions to the new state. The new state will send back what their proposed probation conditions will be. The sending state will approve it and send it back and then you will be brought in to the new state and they will give you your NEW conditions. (This isn't really a contract, it's one sided. You obey your conditions or risk further action).

    What generally happens is your new conditions will be BOTH those of your original probation AND the new states conditions. If either state bars probationers from doing marijuana (medical or otherwise), you can count on not being able to use it under probation.

  4. #4
    Join Date
    Apr 2013
    Posts
    16

    Default Re: Do You Have to Sign Two Different Probation Contracts in Two States

    Thanks for the reply.

    I really wanted to believe I can't be violated by my resident state for something the probation state says is ok, BUT...deep down I knew I was wrong. My PO told me literally they don't care about drug testing me. I've been on Probation for a year and I haven't been tested for anything at all yet. My resident supervising PO knows me well enough at this point to know I don't drink or use illicit substances.

    Thanks again, I'll just have to stay put on probation. In another 16 months I'll be free and clear.

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