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Medical Marijuana on Probation

Discussion in 'Legal Edge' started by DoodyApples, Feb 16, 2008.


    DoodyApples Active Member

    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

    smokingbot Well-Known Member

    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.

    DoodyApples Active Member

    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.

    Cubano1211 Mota King

    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 :blsmoke:

    DoodyApples Active Member

    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.

    smokingbot Well-Known Member

    Should have ate the hash dude.

    DoodyApples Active Member

    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.

    passittotheleft Well-Known Member

    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.

    fdd2blk Well-Known Member

    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.

    DoodyApples Active Member

    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).
    the pharmacist

    the pharmacist Active Member

    i'm in about the same situation but got caught with more stuff than you did. let me know how your appointment with your PO goes because i got in a bad motorcycle crash back in feb. i'm really hurting and i dont want to take these heavy pain pills anymore but my PO is a total prick and is aching for a reason to send my ass to prison, so i'm not too sure how to go about broaching the subject. i have the possibility to get my felony record erased and i dont want to jepordize that for anything. please i really want to know more!

    Ellehcim Well-Known Member

    I would ask your probation officer if you are clean. The only thing she can do is say no and test you.

    She might just say yes and then it is all good, no waiting for the judge.

    DoodyApples Active Member

    I asked my probation officer awhile ago and she said absolutely not. But i know if i went back to court and got my probation reviewed chances are I could smoke again, know matter what she says. But I just don't have the money to hire another lawyer and go through a whole court process getting that done. And it sounds like I'm in the same boat as you, if I do well I get my felony erased, and that is what I'm really going after. And I think I'm going to get my probation cut down to informal very soon and they don't drug test on that so I'm REALLY looking forward to that. I would say to contact a lawyer and have a free consultation and see what you can do, good luck.

    DIRTHAWKER Well-Known Member

    I have a good friend who is wondering the same thing, but he is on federal probation for something non drug related. His wife is a medical marijuana patient and cultivates about 5-6 plants, he is very worried that he could get in trouble for his wifes garden. shes been a patient growing the plants for several years, and kept it well hidden and has had no issues CALI. but since he has this new probation term where they can do whatever they want and search whenever they feel like,, (being on probation you dont have the same rights as a regular citizen.)
    I told him i would try to find out as much as i could ..beacuse he doesnt have a computer.
    He is very worried

    Last edited: May 19, 2008

    DIRTHAWKER Well-Known Member


    DIRTHAWKER Well-Known Member

    Anybody have any info about the above ? hes on federal probation and his wife is a cardholder and has 6 plants.... the guy is scared shitless and threatining to destroy the garden. he keeps calling me to see if i found any info..

    Drrift&Smoke Active Member

    im not a cali resident but from what i read proposition 215 is the patients right so therefore if dudes wife has a card and shes allowed to possess cultivate and go to those clubs to get it why would it hurt himwhen theyre HER plants from the get go so i dont see what you friend has to worry about but then again i live in the durrty where this shit is illegal so were fucked for a roach :joint::peace:

    DIRTHAWKER Well-Known Member


    I wish i could get some of these CA medical card holders to give some advice on the matter. I guess its a gray area knowbody wants to talk about.

    xxtoadxx Well-Known Member

    Honestly.... I just went to court and was looking at more charges than that last year and i had my card when i got busted.... My lawyer told me i was able to still smoke with a legitimate reason from a physician, which was no problem... Ended up my lawyer knew the DA and she got 3 felonies dropped to 1 misdemeanor with no probation or anything, just a simple fine. Hope that helps.... LEGIT physicians note will get you what you want, hopefully. Paying for a lawyer is worth it bro unless the only thing you're worried about is not being able to smoke...

    xxtoadxx Well-Known Member

    P.S.. Dirthawker, he wont get in trouble lol.... thats like 1 roomate in a house having their card and the other 4 dont... if the card holder is growing, no problems.... no questions asked as long as its under the legal limit.... they wont try and throw felonies on all the roomates for cultivation... not gonna happen, sorry. and if it did, it would be thrown out after being reviewed by the DA.... especially a husband and wife... cmon now thats not sketch at all!

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