Medical Marijuana on probation in CA

C

cgm0826

New Member
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.
:roll:
 
CanIBust

CanIBust

Member
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.
 
D

Danny619

Member
i recently got charged for intent to sell to an undercover cop and i do have my medical marijuana card i had it before i got locked up and proof of why i have this card. tomarrow i will have my first interview with my po. will he accept the fact that i do indeed have my card, will he pee test me the first time i see him? please get back to me thank you.
 
ExDex1x1

ExDex1x1

Active Member
Honestly, don't trust anyone but your lawyer on this. You don't want to end up in jail because someone on RIU told you it's okay to go toke up. Better to be safe than sorry.
 
monkeeboi69

monkeeboi69

Well-Known Member
i know this is really OLD but i just came across this info and this thread and felt i should put my two cents in on this. I'm currently on probation in the state of California for a felony case of possession of 4 oz. and intent to sell. I have been on probation for a month now and have gotten drug tested once. I went ahead and notified the probation officer that i would come out "dirty" for THC only because I'm a medical marijuana patient and i recently had issues with my hip and I am currently using it and feel as though i need it for my pain. The officer then proceeded not to test me and just note that i WAS positive for THC. I made it clear to him and presented my medical marijuana evaluation and he decide not to "recognize" it as a legal document and proceeded to tell me that i must register the recommendation with the Health and Human services and apply for a State issued card not only that but then go to court and request a modification of probation to use, grow, and transport medical cannabis. I went ahead and applied and before i did i asked my physician and he told me that my probation officer MUST recognize all recommendation signed by a legal physician who's medical practice is in good state. He also said that he did not recommend me applying for the state issued license since i would be registered in the Sacramento data base and could have issues with health insurance, Employer, and anybody else who could access that information. I told him how nobody in the court house of probation offices would recognize it and was told to get the state issued one. I went to my appointment with the health department and applied, waited three weeks for my card. I went to the court house and asked to be put on the calendar to see the judge and request modification of probation. On July 7, 2012 i have a court date deciding whether the next 18 months i will be allowed to exercise my patient rights or not. Here's some information that has helped me become more confident with the situation and case and feel might be useful for other patients experiencing the same difficulties:

Americans for Safe Access website with evidence from other related cases and facts about medical cannabis and being on probation:
http://www.safeaccessnow.org/article.php?id=4740

Link to a pdf file that would come really useful to print out and have in file whenever going to see the judge or speaking to a probation officer:
http://www.safeaccessnow.org/downloads/peoplevtilehkooh.pdf
 
chrishydro

chrishydro

Well-Known Member
Danny619 said:
i recently got charged for intent to sell to an undercover cop and i do have my medical marijuana card i had it before i got locked up and proof of why i have this card. tomarrow i will have my first interview with my po. will he accept the fact that i do indeed have my card, will he pee test me the first time i see him? please get back to me thank you.
Click to expand...
"Intent to sell" never heard of it, wtf was circumstance? Here is you get caught with a few bags it is intent to deliver but never heard of intent to sell to a cop???
 
monkeeboi69

monkeeboi69

Well-Known Member
na i had just got a promotion as a manager at subway and i went to a guy who i have known for a while that grows for dispensaries and picked up 4 oz. i have a habit of always using my scale when it comes to weighing things out since his is old and so im getting off the freeway on my way home. get to the first light. a cop suddenly comes out off a fast food joint and at the light stares at me with this look like i kid you not like with so much negativity like as if he was i dunno trying to start something.. anyways i ignore him and on green he speeds off and comes to a quick stop at the next light six to ten feet away from the crossing section. i come to a normal stop and as soon as the light turned green i waited for him a bit and decided to go and bam pulled me over..
 
monkeeboi69

monkeeboi69

Well-Known Member
i have my medical card it was all in one bag. all in a back pack in the trunk not hidden just there with my paper work. and yea as soon as it all started they were really disrespectful and really didnt care much about me as they proceeded to eat tacos and burgers while handcuffing me and searching my car..
 
FresnoFarmer

FresnoFarmer

Well-Known Member
chrishydro said:
"Intent to sell" never heard of it, wtf was circumstance? Here is you get caught with a few bags it is intent to deliver but never heard of intent to sell to a cop???
Click to expand...
Out here if you get caught with any narcotics in seperate bags it is Intent To Sell.
 
FresnoFarmer

FresnoFarmer

Well-Known Member
monkeeboi69 said:
i know this is really OLD but i just came across this info and this thread and felt i should put my two cents in on this. I'm currently on probation in the state of California for a felony case of possession of 4 oz. and intent to sell. I have been on probation for a month now and have gotten drug tested once. I went ahead and notified the probation officer that i would come out "dirty" for THC only because I'm a medical marijuana patient and i recently had issues with my hip and I am currently using it and feel as though i need it for my pain. The officer then proceeded not to test me and just note that i WAS positive for THC. I made it clear to him and presented my medical marijuana evaluation and he decide not to "recognize" it as a legal document and proceeded to tell me that i must register the recommendation with the Health and Human services and apply for a State issued card not only that but then go to court and request a modification of probation to use, grow, and transport medical cannabis. I went ahead and applied and before i did i asked my physician and he told me that my probation officer MUST recognize all recommendation signed by a legal physician who's medical practice is in good state. He also said that he did not recommend me applying for the state issued license since i would be registered in the Sacramento data base and could have issues with health insurance, Employer, and anybody else who could access that information. I told him how nobody in the court house of probation offices would recognize it and was told to get the state issued one. I went to my appointment with the health department and applied, waited three weeks for my card. I went to the court house and asked to be put on the calendar to see the judge and request modification of probation. On July 7, 2012 i have a court date deciding whether the next 18 months i will be allowed to exercise my patient rights or not. Here's some information that has helped me become more confident with the situation and case and feel might be useful for other patients experiencing the same difficulties:

Americans for Safe Access website with evidence from other related cases and facts about medical cannabis and being on probation:
http://www.safeaccessnow.org/article.php?id=4740

Link to a pdf file that would come really useful to print out and have in file whenever going to see the judge or speaking to a probation officer:
http://www.safeaccessnow.org/downloads/peoplevtilehkooh.pdf
Click to expand...
What city/county did this take place? You definitely should have taken your case to trial.
 
FresnoFarmer

FresnoFarmer

Well-Known Member
monkeeboi69 said:
i have my medical card it was all in one bag. all in a back pack in the trunk not hidden just there with my paper work. and yea as soon as it all started they were really disrespectful and really didnt care much about me as they proceeded to eat tacos and burgers while handcuffing me and searching my car..
Click to expand...
Should have never let him search the car in the first place, even if you didn't have weed. They could place weapons or narcotics in there and you will be fucked.
 
monkeeboi69

monkeeboi69

Well-Known Member
san diego and i understand i even told them that i didnt give them any consent to search the vehicle and if i could please call my lawyer. the guy told me to step out and that he wasnt asking me whether he could search it he said im going to search it. hand cuffed me and i asked why and he said because im detaining you, i asked if i was under arrest and he said no and you dont need to be to be in hand cuffs. they took me down to jail because they said i didnt have the paper work and took me to downtown. i spent three days before i was let out, i went to see the judge on the third day and the case was "no action" because no one had filed any charges. two weeks later i went to court to go see about some paper work i needed from an old case. when i asked for my documents the told me that i was supposed to be in court that same day as we spoke. and i was never aware of this or even told i had a court date. a warrant had already been issued and the judge decided to go ahead and follow with the case and take the warrant off. they went ahead and asked me if i plead guilty and i did. i wasnt sure why but my public defender said it was in my best interest either that or jail time. and i just got a job and i could not miss any more days of work. after i plead guilty i was then given probation and ended up asking if i could smoke marijuana since i have my card. they said no. i went to probation right after and then i spoke with the director of the probation department and we had a talk about the things that were going on in my case he didnt seem to care much either. i asked him if it was ok for me to smoke weed and he told me no. even if i have my medical card and he said no. he told me i didnt have any documents that stated i should. he also denied accepting the signed physician recommendation. i kept asking him if he could please help and guide me to how i may do so. he said he couldnt. so i knew i was asking the wrong questions to begin with. i asked him has it been done before or has he seen it done at all. he said in his whole career, once. so i began to tell him i will do whatever is needed. all he said is there are too many "hoops" you have to jump through. i asked him "what hoops". he answered with a question "do you have hands? eyes? mouth? feet? ears?" i answered "yes..". "well use them!" he told me and to use the internet. i asked him if he liked his job and if could do anything else would he. he said no, i love my job. i then said thank you and have a good day. i left and headed to my appointment a few weeks after that with my probation. they tested me and i decided to tell him about my issue and here i am..
 
FresnoFarmer

FresnoFarmer

Well-Known Member
monkeeboi69 said:
san diego and i understand i even told them that i didnt give them any consent to search the vehicle and if i could please call my lawyer. the guy told me to step out and that he wasnt asking me whether he could search it he said im going to search it. hand cuffed me and i asked why and he said because im detaining you, i asked if i was under arrest and he said no and you dont need to be to be in hand cuffs. they took me down to jail because they said i didnt have the paper work and took me to downtown. i spent three days before i was let out, i went to see the judge on the third day and the case was "no action" because no one had filed any charges. two weeks later i went to court to go see about some paper work i needed from an old case. when i asked for my documents the told me that i was supposed to be in court that same day as we spoke. and i was never aware of this or even told i had a court date. a warrant had already been issued and the judge decided to go ahead and follow with the case and take the warrant off. they went ahead and asked me if i plead guilty and i did. i wasnt sure why but my public defender said it was in my best interest either that or jail time. and i just got a job and i could not miss any more days of work. after i plead guilty i was then given probation and ended up asking if i could smoke marijuana since i have my card. they said no. i went to probation right after and then i spoke with the director of the probation department and we had a talk about the things that were going on in my case he didnt seem to care much either. i asked him if it was ok for me to smoke weed and he told me no. even if i have my medical card and he said no. he told me i didnt have any documents that stated i should. he also denied accepting the signed physician recommendation. i kept asking him if he could please help and guide me to how i may do so. he said he couldnt. so i knew i was asking the wrong questions to begin with. i asked him has it been done before or has he seen it done at all. he said in his whole career, once. so i began to tell him i will do whatever is needed. all he said is there are too many "hoops" you have to jump through. i asked him "what hoops". he answered with a question "do you have hands? eyes? mouth? feet? ears?" i answered "yes..". "well use them!" he told me and to use the internet. i asked him if he liked his job and if could do anything else would he. he said no, i love my job. i then said thank you and have a good day. i left and headed to my appointment a few weeks after that with my probation. they tested me and i decided to tell him about my issue and here i am..
Click to expand...
That's fucked......You should have just went and got your card if you didn't have one. And if you did have 1 you should have presented it to the P.O. and told her what this medication is treatment for. And also should have mentioned it is the only alternative because narcotics in pill form make you sick. Sounds like SD is fucked.
 
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