Medical patient in Deep shit!

Hey every one, long time member, but its been for ever since iv been on. This is the site that taught me how to grow good herb, so I always come here when i need Real advice. So here the story people. I am an established medical patient and have been for 3-4 years now. I have a long track record with my doctors, and i see a pain specialist once every other month. I suffer from chronic lower spine pain caused by a combination of scoliosis and a family history of bad backs. This is offically why I currently have my Oregon medical cannabis card. But i also use cannabis in place of a hand full of prescriptions. I use it in place of the prescribed sleep aid Ambien, because that was causing me to have some terrifying sleep walking episodes, one of which i really hurt my self, by falling flat back onto a jagged pile of bricks. Fun! I also use medical cannabis in place of mood stabilizers, I am a text book clinical depressive with "episodes of mania", according to a hand full of mental health professionals i have been seeing in the last year. While i am not sure I would agree with the maina claim, I do recognize I am terribly depressed. If left to my own devices, I will sleep till 4-5 pm every day and have Zero motivation to do any thing. I also suffer from a Hyiated hernia, meaning the top of my stomach is wedged in between the sheet muscle of my rib cage. Iv had this for 8 years now, and it causes me to have no appetite what so ever. I am 6 foot 4 inches and because of my lack of appetite i have been as low as 124lbs. I pretty much suffer from wasting syndrome but with out actually having AIDs or HIV (thank God). Cannabis is the only thing that actually stimulates my appetite. With all this bull shit I go through, you would think its a no brainer that I have my medical card. And it is, even my family supports my choice of medical cannabis, and there pretty darn conservative.
So why am I in deep shit per say? Well here's the kicker people. I got a DUI last summer and unfortunately it was a felony. No I didnt hit any one or get into any kind of accident, it was a felony because it was my third DUI and that is an automatic felony despite the circumstances leading up to the DUI. I recognize I cant be around alcohol and have since sought help in the form of counseling three times a week. What i love about the counseling is that they recognize and honor my medical status. So what is the problem then you ask? Well I was assigned a probation officer, and even though she is a state employee, and my case is a state case, she feels the need to enforce Federal law and she wont recognize my status as a medical cannabis patient. This is beyond maddening, this is sick on so many levels. She is being completely arbitrary and said I will have to get a fucking court injunction allowing me to continue using medical cannabis. I dont think iv ever hated some one so much before in my entire life, I feel like she is personally attacking my privacy to a degree I thought I would never have to deal with again. Teenagers that get caught smoking weed in the school bathroom have to deal with this shit, legitimate established medical patients shouldn't have to. Please, I need help. I honestly dont know where to start. I have a lawyer from the DUI that i guess i could call? What would all of you say? From one patient to another, i need help.

Thank you for your time
NT

It is possible to get a court injunction for cannabis if you are in dire need, example, wheel-chair bound ect. You will need to talk to your probation officer but I know they will test you and if you are dirty for cannabis, they can call it a violation.

This is the law in California and I would be happy to argue it.

The trial court ruled that section 11362.5 did not apply to defendant because he could not satisfy a medical necessity defense.[SUP][4][/SUP] We disagree because that defense is not the measure of the right to obtain and use marijuana for medical purposes granted by section 11362.5.

On appeal the People claim that section 11362.5 is not a defense to a revocation of probation and that, in any event, the possession of marijuana violated a condition of defendant's probation that he obey the criminal laws of the United States.


We conclude that defendant may assert section 11362.5 as a defense to the criminal sanction of revocation of his probation where, as here, there is no claim that his conduct endangered others or that he diverted marijuana for nonmedical purposes. (See § 11362.5, subd. (b)(2)). Nor does a probation condition which prohibits the lawful use of a prescription drug serve a rehabilitative purpose.

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http://scholar.google.com/scholar_case?case=2602027666078647483&hl=en&as_sdt=6&as_vis=1&oi=scholarr

Im not in a wheel chair though. From the out side, i probably look like a normal, healthy young man. But I am seriously hurting, and this is not of her bigness.

a lot of people with MS need a wheelchair.. I would tell a doctor that I cant walk and wheel my arse into court..

I just want to say that your only hope is to talk to your lawyer and see what he can do, the judicial shitheads only pay attention when you are $represented$.

I would definitely talk with an attorney. I got a felony charge in OR that had to do with marijuana and when the judge sentenced me, as part of my conditions I was still allowed to posses and obtain marijuana and I had no issues with my PO. Good Luck.

36 to 60 months probation;at least 90 days jail (possible prison time);
$2,000 - $4,000 fine;
several hundred dollars in add'l fees;
lifetime license revocation²; can reapply after 10 yrs, no hardship allowed
substance abuse treatment classes;
victims impact panel class;
do not possess or consume alcohol;
no entry into bars and taverns;
drive only with valid license and insurance

just an opinion, but if you are on parole or probation, you'll still have to piss, and I don't believe they allow for MMJ in that instance, just as in a jail setting.

Have to get an Atty, and they can only do so much. I see community service mentioned also.

Beacon said:

substance abuse treatment classes;
victims impact panel class;

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what does it say about medically prescribed information?

Iv already been though most of the legal process. I did the panel, im almost finished with treatment. I have almost completed my 90 day term of custody. Luckily my lawyer was able to get me house arrest and she was also able to get my fines cut in half (which pretty much covered her expenses). They don't care that i am on a partial agonist opiate, so it seems completely arbitrary that my po would give two shits about my medical use of cannabis. If the State approved treatment center honors medical status, reason would dictate the State community justice office would honor medical status. I think calling my lawyer is the best option now, and i plan on ringing her office on Monday.

Also, do any of you know if my po needs a warrant or not to enter my premise with out consent? I know that while on house arrest they can pretty much come and go as they please because technically i am in the custody of the state. But what about after I get off house arrest?

And if any one is interested, my PO and all these legal people are located in Medford Oregon. So its no surprise there stance on medical status. If any of you have been following, Medford is superseding the new state law and are imposing a Permanent moratorium on the newly legal dispensary's; even though there only Legally aloud a one year moratorium. And its a small hand full of vigilante sheriffs that just seem to HATE marijuana and every thing about it ,there not even Cops,there sheriffs that have proposed and pushed this bullshit moratorium. Being originally born and raised in the San Francisco bay area for the vast majority of my life, I must say southern Oregon has More than lost its charm on me. Iv given this place 5 years of my life and iv gotten literally Nothing good out of it, besides honing my growing skills. People, dont move your kids up here, you'll turn em into stir crazy alcoholics. Its happened to every body i know.

SOorganic said:

Also, do any of you know if my po needs a warrant or not to enter my premise with out consent? I know that while on house arrest they can pretty much come and go as they please because technically i am in the custody of the state. But what about after I get off house arrest?

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I assure you that not only they can, but they will while you are on parole or probation.

that's the bad news bear,, its the law not the probation officer.. its not just you she is singleing out

Yeah, make sure not to violate her rule, but you are acting within Oregon law, you should just provide adequate medical proof to a judge and they will sign off on it. I am not exactly sure how to do this, so a lawyer sounds good, but it sounds very easy to be able to do. DOn't violate her rule until you sort this out though, or you will be in some shit.

20) Can I use marijuana while on parole/probation if I have an OMMP card?
The authorities that are responsible for your probation/parole/post-prison supervision can impose restrictions on your possession and use of medical marijuana as a condition of your supervision, even if you have a valid OMMP card. Most offenders' supervision is subject to an “obey all laws” condition. Because marijuana possession and use is illegal under federal law, the Oregon Department of Justice has concluded that supervisory authorities can sanction an offender for possessing marijuana, even if he or she has an OMMP card. Sanctions could result in your arrest and return to jail. If you are on probation, parole, post-prison supervision, or other form of conditional supervision for conviction of a crime, you should consult with your parole and probation officer regarding whether your possession or use of marijuana may subject you to sanction for violation of the conditions of your supervision. The OMMP will revoke the card of a cardholder if a court issues an order that prohibits the cardholder from participating in the medical use of marijuana or otherwise participating in the OMMP.


Look like your PO has answered that question for you!

mygirls said:

that's the bad news bear,, its the law not the probation officer.. its not just you she is singleing out

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Truth.

Sometimes you get a PO that's fairly human/humane, and other times -- UGGG. My boyfriend had some really cool PO's, and then we (he) got the bitch from hell toward the end of that particular probation. She tried everything she could to trip him up and keep him in the system. (more piss tests than usual, more random visits, and a lot of power trips). Luckily his probation was nearing the end, and we didn't have to deal with her for very long, but we certainly toed the line after her first surprise visit where she pawed through my dresser and lectured me about the open wine bottle in the fridge. She was one of those types that believed if her "clients" successfully got off of probation, she would be out of a job. She was a bitch, and she dressed like a Miami prostitute.

If there's ANY way to get "Bench Probation", it's worth it. It was just paying fines, and making court appearances about twice a year (no piss test, no PO visits). What I noticed, after dealing with 2 different courts/systems (Eugene Muni Court, and Florence Muni Court), is that "the man" will keep you on probation until every last penny is paid. (Even extending the probationary period!) It's a money maker for them, and they are also betting that you will do SOMETHING else to get in trouble, and they can increase the fines and probation period.

A trick that has worked twice for us, is to "be good", make the minimum payment for the fines, for an entire year, and then politely ask the court/judge to reduce the fines -- they have done it for us each time, and sometimes the fine was chopped in half. That was on Bench probation though, I don't know if it would work for "regular".

I definitely think you need to lawyer up -- if you like your lawyer, and find them helpful, that is. I feel your pain with this, and hope you find some solution.

well as I said before talk to your Lawyer. I got my felony in Medford/Jackson County and as I stated before the judge put in my conditions that I was allowed to possess and obtain marijuana while I was under state supervision. As long as that was in my paperwork the PO had to go along with it. I was still subject to home inspections and piss test (neither were done the entire time). Your orientation with your PO should have stated that you have to cooperate with Law Enforcement whenever confronted by them to include your PO.
This is what I had done when I got sentenced to avoid a situation like yours.

MMJ in L.A. is still in a very grey area.
When I was on probation my po was ok with me smokin but I didn't smoke anyways
in case of a change of po's and the new po may jack me up for testing dirty. I was
assigned a new po a couple of months before I finished probation so my instincts were
right on.
With some kind of official po paper and a copy of my med rec, my original po early on presented it
to the judge and the judge denied me my mmj meds saying after looking at my up to date legal
mmj rec that it was written in a "pill mill".

And I don't want to be a buzz killer, but didn't you say you are on probation for a third DUI? You will have a difficult time convincing either your probation officer or a judge to allow you to use marijuana after clearly demonstrating a RECURRING problem with substance abuse. Good luck

• "The OMMP will revoke the card of a cardholder if a court issues an order that prohibits the cardholder from participating in the medical use of marijuana or otherwise participating in the OMMP. "
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Thing is, there was no order from a court to prohibit my medical status, in fact I just got a renewal application in the mail from the state the other day, as if its some fucked up sign from the cosmos teasing me! Yes this is my third offense, but DUI is the Only thing on my record, I have Zero history of drug abuse, Iv never even thrown a punch at some one, I don't have so much as an infraction on me besides these Driving violations. Also, sustaining from hard drugs and alcohol is, I believe, a viable reason for obtaining ones card. At least that's what got me my card in 2010 in San Fran. The State appointed treatment facility I attend honors medical cannabis, and they recognize its potential to help abstain from alcohol abuse. I admit I clearly have a problem with alcohol, its painfully obvious, as I have been "clearly demonstrating a RECURRING problem" with this particular substance as caretakerDad points out. I am sure many of you probably think i am a bad person for the recurring DUI's. And while I will agree that there are things that society as a whole deems " unacceptable behavior", rape, murder, and driving drunk I think are the big three. I can assure all of you, I never crashed or hurt any body for ANY of the dui's. I know that's a shitty reassurance, but I don't want to give the impression that I'm just some care less "whoa is me" type of person. Iv payed my fines, i'm in the process of serving my time, and I do truly regret what has happened. Not just because I got caught, but because I do agree with the societal consensus that driving while impaired, is potentially one of the most dangerous things a human can do. But lets be honest here, raise your hand if you have drove even a little drunk, or way to fucking ripped....... Yeah, i thought so.