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  #1  
Old 02-15-2008, 11:32 PM
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Default Medical Marijuana on Probation

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
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Old 02-16-2008, 12:51 AM
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Seems like your trying to fuck the system. Thats usually their job, to fuck you. They like fucking you. I think they will continue to fuck you. sorry.
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Old 02-16-2008, 01:23 AM
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This is straight off the California Senate Bill 420, I just want to hear from anybody that has had any experience dealing with this.
11362.795. (a)
(1) Any criminal defendant who is eligible to use marijuana pursuant to Section 11362.5 may request that the court confirm that he or she is allowed to use medical marijuana while he or she is on probation or released on bail.
(2) The court's decision and the reasons for the decision shall be stated on the record and an entry stating those reasons shall be made in the minutes of the court.
(3) During the period of probation or release on bail, if a physician recommends that the probationer or defendant use medical marijuana, the probationer or defendant may request a modification of the conditions of probation or bail to authorize the use of medical marijuana.
(4) The court's consideration of the modification request authorized by this subdivision shall comply with the requirements of this section.
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Old 02-16-2008, 09:38 PM
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from what your last post sounds like.. theres no harm in asking, get in touch with whoever you need to and ask, then see what happens
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Old 02-17-2008, 12:42 AM
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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.
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Old 02-17-2008, 01:55 AM
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Should have ate the hash dude.
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Old 02-17-2008, 02:26 PM
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Quote:
Originally Posted by smokingbot View Post
Should have ate the hash dude.
I didn't know it was considered any worse than having weed with you, I was way wrong. It was tucked away in my back seat anyways. I'm never going out with hash again, its just not worth it.
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Old 02-17-2008, 06:33 PM
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dont bother with your PO. They will fuck you big time and make excuses. Go to the Judge...find out the next time the DA is there and tell he/she exactly why you have a medical card. Youe 215 CARD IS YOUR RIGHT....its like a freedom...especailly since your back is so fucked. bring proof of that as well..show pics of scars...xrays...prescriptions of bullshit pills that just make shit worse. Anything to help your case...and they will allow it...i guarentee.
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Old 02-17-2008, 06:39 PM
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yes you can smoke while on probation. at least i know several people who have/do. but, beings that your original offense was marijuana related they may try to disallow it. it is your RIGHT under state law to medicate. i would ask my PO.
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Old 02-17-2008, 08:40 PM
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Alright I'll give it a shot, maybe consult my lawyer on exactly how to go about it. Thanks a lot for the advice passittotheleft and fdd2blk(by the way, your gallery makes me drool).
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