Medical Marijuana on Probation

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

DoodyApples said:

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.

Click to expand...

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.

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 MJ 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

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 MJ 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

DoodyApples said:

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

Click to expand...

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

if i were you i would just keep quiet about it from exsperience ive been on probation 3 years and alls they do is fuck you every chance they get and if you have to take U A's just show the card to your group conserlor then you shoul be approved for just THC in your U A

I also have the same question. I was sent to do 3 years or probation along with jail time, public works etc. for a marijuana possession charge with the intent for sale in 2006 and I want to get it done legit. I have insomnia and lower back issues. I have four more months or probation so I may just wait till I am done with that. Besides, I have not violated probation and I was placed on lower supervision probation where I did no longer have to come check up with my PO.

I had a friend call my ex-PO before and asked him if one can smoke marijuana while on probation and he said no. I am sure it can be done, but a big pain in the ass especially if you have a marijuana/drug related prior charge.

Southern cali - april 9th 2010 <-- day of modification

This is from my personal experience. I was given 5 years of felony probation from a nasty dui. I got my recommendation and thought it would be enough. I called my probation officer and told him i wished to medicate with marijuana after i got the recommendation. He told me It was not up to him and even if he was personally ok with it you switch officers quite frequently and if you have it in your system and the new officer doesn't agree with it they will violate you. Besides the fact your going to have to hire a lawyer and pay more court fines you might or might not get away with it. Your probation terms state that you will abide by all state and federal laws for the remainder of your probation. and as we all know marijuana has not yet been recognized as medical by federal government. So it will be completely up to the judge .

So i hired a lawyer.. not to pricey and scheduled a probation modification hearing. The court has no right to search your medical records or even for you to speak of them in court. even though they can if they really wanted to.. the whole proccess was actually pretty easy even though the D.A and probation opposed it. Under the 420 bill it states that anybody can use with proper recommendation. The judge could of said no if he thought for any reason it would effect my probation. He gave me a stern warning that if i get another DUI.. influence meaning drugs or alcohol that he would not hesitate to send me to prison. he then granted my modification.

There was also a girl there a few people before me going for the same thing. Her felony was drug related (not sure what) and she was denied the modification.

In my opinion and experience. Lawyer up. he can write you up a document that not only lets you smoke but grow as well. Thats right! your modification to smoke does not clear you to grow. I could of found that the hard way. The judge even confirmed that. If you have violations you probably will not get the modification passed. Dont trust your P.O. they can change at any time ( there mind or your officer, im on my 4th in 2 years). stay clean! do not smoke until you are aloud because if you get caught you will forever lose your chance to get the modification. Its kinda weird but having a job kinda makes a difference to the court. Be respectable in court and dress nice.

Hope that helps.

well the man got me with three small plants, felony in bama. I don't know whats going to happen. I can't take pain pills they do me wrong. I have lower back problems ,also heart problems and stress makes me sick. clean record for over 25yrs. Driving record clean , I,am also 50yrs old good dad and husband. that don't mean shit to them. It was just for me ,NOBODY else. Whats going to happen? I,am clean but whats is ,is! Also on disability.

Kill a cop so others can smoke pot.

( i am not a lawyer and this is all opinion) So i guess it goes without saying you did not have a recommendation. Do some research on your local laws and search forums for people in your area that have been in your position. getting caught with plants where I live without a recomendation is a big deal. From what my lawyer tells me it doesn't matter what your medical need for marijuana is without the recommendation because that's why you get it in the first place. There are more and more lawyers with expertise in marijuana law these days so i would schedule at the very least a free consult. i wish the best of luck to you and would like if you kept me updated. I myself just found out yesterday that my probation officer is trying to petition a removal of my modification so I am in a tight spot myself.

Just went through this and the judge would not say one way or the other saying she would not get involved with parole. So I have had to request another parole hearing after getting denied for using medical marijuana. I have gone and gotten my prescription pain pills refilled and will be on them for the next 4 months. Can not get another hearing for 30 days.

When they ask you when you last used marijuana say before I was arrested.

Good luck.

I'm on probation and have my medical card but I live in Montana and the laws are pretty gray in a lot of areas.they are trying to changee the law here in Mt. so no probation or paroles can use medical marijuana.I've had my card for two plus years and have been in no trouble since.but they are going to try to take it away in 2011.I hope they grandfather me in but I doubt it.I use to be hooked on oxycontin and was so bad I was shooting up 5 oxy 80's at a time and lost everything because of it.since the medical mj card I haven't even thought of pain pills.so I guess they would rather have junkies on probation rather than a stoner!!!!!