Prescription while on probation?

[Mr.WeedMan]

I got charged for possession of marijuana for sale and ill be on formal probation for the next 3 years. Since my PO will be drug testing me, i cant go 3 years without smoking, hell i cant even go 3 days without smoking. So i was considering getting a cannibas card so I can be legal. If I get legal, would i still be violating probation if my test comes out positive for marijuana? I suffer from insomnia and i need weed most the time to fall asleep. So if I can be certified to be a patient for medical marijuana can I legally smoke marijuana without violating probation? Help me i gotta stay high!!

 

[Mr.WeedMan]

somebody?!

 

[Mr.WeedMan]

^ Yea thats what i was thinking to. I wont be on sentenced till next month but ill be sure to ask my PO. I'm from California by the way so it should be legal. Has anybody had experience with this?

 

[Happy Kitty]

I know that Spliff Twister has talked about this particular question.

Where are you Spliff????????

 

[dragonflower]

I believe that if you are on probation they will NOT allow you to smoke even if you have your medical card. I mean you can always ask, perhaps your p.o will give you a break or something but i knew someone who was on probation and they wouldnt even allow him to take his migrane medication! They say you can get your card, but you will still get in trouble if you test positive.

Then again, he was also on prop 36 drug court.....

 

[Pinch]

Here you go, CA 420, 2003. Just having the card will not make it legal. Talk to a lawyer. I read it as a decision of the Court..

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.

(b) (1) Any person who is to be released on parole from a jail, state prison, school, road camp, or other state or local institution of confinement and who is eligible to use medical marijuana pursuant to Section 11362.5 may request that he or she be allowed to use medical marijuana during the period he or she is released on parole. A parolee's written conditions of parole shall reflect whether or not a request for a modification of the conditions of his or her parole to use medical marijuana was made, and whether the request was granted or denied.

(2) During the period of the parole, where a physician recommends that the parolee use medical marijuana, the parolee may request a modification of the conditions of the parole to authorize the use of medical marijuana.

(3) Any parolee whose request to use medical marijuana while on parole was denied may pursue an administrative appeal of the decision. Any decision on the appeal shall be in writing and shall reflect the reasons for the decision.

(4) The administrative consideration of the modification request authorized by this subdivision shall comply with the requirements of this section.

 

[dragonflower]

Oh so the P.O's been lying.....go figure huh? [snort]

Stupid pigs....You know when i got my scrpit my doctor told me that cops are actually told to lie to you in order to obtain evidence and information.

Thanks for the info Pinch!

 

[Pinch]

Mr Weed, P.O. s are not your friends.

Parole is an open invitation to jail.. you're fucked till your parole time is over..

OR use marijuana and go to jail.. you're fucked again.. and again.

Sorry mate.. don't risk it.

G d luck!

 

[Dunlap]

Good advice, Stoner. I would say the same. Since it's an MJ related offense, I'd say you'd need a damn good argument to get them to allow medical use. Something better than Insomnia, for sure. A better route to take would have been to claim medicinal use from the start, and say you didn't have the money for a medical card. But since you didn't mention a medical use at all to the judge, I would be really surprised if throwing it out there now is going to accomplish much.

As Stoner said, if you really feel you will not be able to abstain for the 3 years, just take the jail time and get it over with. Better to take it now than stay clean for months or years and then end up serving the whole sentance anyways. I've always said if I was ever faced with something like a year in jail or 5 on probation, I'd probably do the time. I'd rather be locked up for a little bit then watched for a long time. But thats just me, I'm sure many other people would do it differently.

 

[ChezNoff]

Maybe you can goto your doctor and get a prescription for Marinol. Just a thought.

 

[Pinch]

Listen. here's a real simple solution.. call an attorney familiar with 215 and 420 California Cannabis Laws. What's it gonna cost $100-200, one question..

"Can I get a California Medical Marijuana ID Card and use medical marijuana while on probation/parole(?) for three years after being charged and convicted 'for possession of marijuana for sale'?"

Or do you feel lucky? Well, do ya?

 

[Pinch]

Maybe you can goto your doctor and get a prescription for Marinol. Just a thought.

MARINOL is approved for two uses. MARINOL treats nausea and vomiting associated with cancer chemotherapy in patients who have failed to respond adequately to conventional treatments.

MARINOL also treats appetite loss associated with weight loss in people
who have acquired immunodeficiency syndrome (AIDS).

 

[Pinch]

Type Bruce Margolin in a search engine and go visit his site.

.

Did just that and.. what's your point Mr Chron?

By the way, man, everyone has access to 215 and 420 text.. so you're telling us you can read? Well done.

There are people that are sick and do need access to cannabis even when incarcerated or on parole or on probation. But the California Court decides each case individually and on its own merits.

Like I said.. call an attorney with one question (see post # 19).

Simple.. yeah, like me.

 

[StonerGrower]

We have to remember here that he was sentenced for intent to sell marijuana and he was not a medical user at the time. He'll be drug tested as ordered by the court. He will never get the judge to allow him medical use of mj though as that would entail allowing him to buy & possess mj also, and so then why would they even bother to keep him on probation???????

This is exactly what im sayin S4L...people just dont get it apparently..even if it IS state law or not the judge will fuckin lock you up in a second if you failed a test even if your a medical user...like said before if you werent charged with a crime drug related them im sure you could become a medical user...you could still become a medical user on probation or not...but your still going to get arrested..i know from experience, my friend mike was a medicinal user before he was put on probation for possesion and distribution of marijuana...had he not been selling he wouldnt of gotten charged with shit....but anyway...he was sentanced to 3 years probation as yourself and came up dirty on his first test...where is he now? ...well ill let you take a guess..but heres a hint..hes still writes me everyweek from his 8 by 9 room with no windows...