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  #21  
Old 05-23-2008, 04:33 PM
Learning How To Roll
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hey the feds can do what they want its still again the law as far as the feds go. your just ok with the state. u think being on probat with the feds they might look for some resone i think u should worry being in calif its better but not legal being on probatinon u could do some jail which sucks '

good luck
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  #22  
Old 05-23-2008, 04:54 PM
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Originally Posted by DoodyApples View Post
I go the 19th to talk to my probation officer, she's kind of a stickler so I don't know how she'll react to me asking. I may have to go back to court to get approval from the judge. I'm just really hoping all goes well, I miss my herb.
Is there someone else you can ask, instead of your P.O.? I mean, she's not exactly in this for you, you know? I wish I could help you otherwise, personally I would not try this without representation from a successful attorney. Fucking lawyers. They get all the fun.
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  #23  
Old 08-23-2008, 02:59 PM
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Default What county are you in?

I am in the same boat. What county are you in if you don't mind my asking?? I am in Placer, and got popped with a few grams of herb (misdemeanor) and .2 grams of hash (felony). As i understand Placer is one of the few counties that will pursue felony charges with small amounts of hash, and really it takes a dick cop too. I also had no clue that concentrated cannabis was such a freaking problem in some counties in california BW. I am about to be put on probation, and will be drug tested once monthly at least, for 18 months. I too have a fucked back and use both cannabis (without a card still, lazy ass me), and rx narcotics (methadone, morphine WITH a prescription, which BTW the judge is planning to prohibit me from using as well). I am planning to acquire my 215 card this week, and am planning to petition the court for my right to smoke marijuana on probation. I am already using under informal oral reccomendations from several doctors in several states, but I doubt they would acknowledge this or back it up in writing. My lawyer says getting the card now will not help me and tht I will have to quit. He is the public defender, and I am planning on hiring a real lawyer soon. I know ultimately I will be able to because the California court of appeals has ruled in favor of felons on probation or parole in this matter at least twice. The only problem i see is that the judge has made a deal where I can have the felony reduced to a misdemeanor after only 6 months (as oppoosed to 1 If i am 1. drug free including cannabis,and rx narcotics (and maybe even alcohol) and 2. fully employed. These requirements are unfortunately mutually exclusive and completely derail the plans that I and several doctors are working on to transfer me from a narcotic pain solution to an herbal one.
A third charge I picked up at the time was a drug paraphernalia charge for having a spoon (in my camping mess kit) that had soot on it, on all surfaces, as did the fork, pot, and stove in the same bag. This charge was later dropped as there was nothing but ramen noodle residue on it. The DA is still trying to use the spoon as some sort of indication of a greater drug problem and keeps saying that that aggravates the first 2 charges and (he and the judge) refuse to allow the .2 grams of hash to be reduced to a misdemeanor (even though conc. cannabis is a "wobbler charge" and is supposed to be a felony if for instance they believe it to be = to more than a felony amount of marijuana. .2 grams is not however = to a felony amount. however, the DA also claims that the lab's expert opinion is that .2 grams of hashish = ~25 joints!. maybe 25 inhales of low grade cannabis might produce th effects from .2 g of hash, but certainly no more than 5 joints, and thats being liberal. anyways to top it all of the judge gives me some bit about opium eradication and replacement by hash crops in afghanistan and some BS about supporting the taliban and al qaeda. ridiculous. this particular .2 g of hash was purchased legally (by a friend ) in the bay area.
Anyways the point of all this is that the calif court of appeals will rule in your favor, given your condition, if you can get there.

check this out The California Law on Smoking Pot While on Probation or Parole - 420 Magazine
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  #24  
Old 08-23-2008, 04:20 PM
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Default What county are you in?

I am in the same boat. What county are you in if you don't mind my asking?? I am in Placer, and got popped with a few grams of herb (misdemeanor) and .2 grams of hash (felony). As i understand Placer is one of the few counties that will pursue felony charges with small amounts of hash, and really it takes a dick cop too. I also had no clue that concentrated cannabis was such a freaking problem in some counties in california BW. I am about to be put on probation, and will be drug tested once monthly at least, for 18 months. I too have a fucked back and use both cannabis (without a card still, lazy ass me), and rx narcotics (methadone, morphine WITH a prescription, which BTW the judge is planning to prohibit me from using as well). I am planning to acquire my 215 card this week, and am planning to petition the court for my right to smoke marijuana on probation. I am already using under informal oral reccomendations from several doctors in several states, but I doubt they would acknowledge this or back it up in writing. My lawyer says getting the card now will not help me and tht I will have to quit. He is the public defender, and I am planning on hiring a real lawyer soon. I know ultimately I will be able to because the California court of appeals has ruled in favor of felons on probation or parole in this matter at least twice. The only problem i see is that the judge has made a deal where I can have the felony reduced to a misdemeanor after only 6 months (as oppoosed to 1 If i am 1. drug free including cannabis,and rx narcotics (and maybe even alcohol) and 2. fully employed. These requirements are unfortunately mutually exclusive and completely derail the plans that I and several doctors are working on to transfer me from a narcotic pain solution to an herbal one.
A third charge I picked up at the time was a drug paraphernalia charge for having a spoon (in my camping mess kit) that had soot on it, on all surfaces, as did the fork, pot, and stove in the same bag. This charge was later dropped as there was nothing but ramen noodle residue on it. The DA is still trying to use the spoon as some sort of indication of a greater drug problem and keeps saying that that aggravates the first 2 charges and (he and the judge) refuse to allow the .2 grams of hash to be reduced to a misdemeanor (even though conc. cannabis is a "wobbler charge" and is supposed to be a felony if for instance they believe it to be = to more than a felony amount of marijuana. .2 grams is not however = to a felony amount. however, the DA also claims that the lab's expert opinion is that .2 grams of hashish = ~25 joints!. maybe 25 inhales of low grade cannabis might produce th effects from .2 g of hash, but certainly no more than 5 joints, and thats being liberal. anyways to top it all of the judge gives me some bit about opium eradication and replacement by hash crops in afghanistan and some BS about supporting the taliban and al qaeda. ridiculous. this particular .2 g of hash was purchased legally (by a friend ) in the bay area.
Anyways the point of all this is that the calif court of appeals will rule in your favor, given your condition, if you can get there.

check this out The California Law on Smoking Pot While on Probation or Parole - 420 Magazine
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  #25  
Old Yesterday, 10:49 PM
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Originally Posted by DoodyApples View Post
About 9 months ago or so I got pulled over with a little under 2 ounces of bud and .7 of hash. A few days after I went and got a medical license thinking it would help out my case, my lawyer basically told me not even to bring it up because it wont help anything. So after I went through everything, I got the felony possession dropped down to a misdemeanor(28.5 grams or less) but still got charged with the hash(felony). I got sentenced to 120 days in jail and 3 years probation, I applied for house arrest and was able to do that instead of going to jail. I got put on probation in October and have been clean since, and am getting off house arrest in 3 weeks. I've looked on other websites and they have said that if you have a medical card with an illness, you are eligible to "medicate" while on probation. I have had extensive back surgery(2 rods and 14 screws) and thats how I obtained my card. Since I got my card after the arrest date but before I was officially placed on probation, would I still be able to smoke on probation? Would I have to go back to court to get permission from the court to smoke? Any help is greatly appreciated

you got the wrong lawyer

my buddy got popped with a house full of plants and a pound and due to his medical card he walked

alltho he did have margolin as a lawyer
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