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Old 10-19-2009, 04:56 PM
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Default Medical Marijuana on probation in CA
I am on Formal Probation for a theft charge and have obtained my Medical marijuana card before i was charged and have had it for 2 years now. I havnt been smoking marijuana while i have been on probation for the last 6 months. since my crime had nothing to do with drugs, my lawyer told me i have a good chance at getting the judge to change the conditions of my probation. If anyone could give me any useful info about their similar situation or if you just know about law, please give your input. Should i just ask my probation officer? i have a court date nov 6 to request permission from the judge.
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Old 10-19-2009, 04:58 PM
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If you have a card you should be able to get it changed I would think
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Old 10-21-2009, 03:04 PM
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This is a sticky situation. Typically part of your probation is that you must obey ALL laws. This includes federal law. If you break federal law, you will be violating your probation and the court that put you on probation might violate your probation causing more problems for you.
That being said, some state judges don't particularly care about the status of federal laws, so long as it is legal in your state. It is technically legal, under state law, for you to smoke marijuana if it is medically recommended and therefore would not violate the terms of your probation if you are barred from using illegal drugs per CA laws.
But, I have yet to see/hear of a judge granting such a request. Sorry.
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