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Can I smoke weed already?

Los Angeles, CA |

Well I've been on probation since I was 16:) and finally march 25th of next month i will be off probation. And I am 18 now. My officer told me that he will be mailing everything I've done to the court, and the judge will decide whether or not I'm off but here's my résumé : haven't been to court in a year(no trouble), part time work, full time student (13 credits), completed all community service and anger management classes (lol.) I have my med card and my po doesn't know about it. Is it safe to smoke yet without worries??? Since he's mailing my thing to the court . I am under juvenile probation too . He hasn't been to my house to check up on me in months aswell . Just throwing that in . Is it safe? Or do u guys expect a drug test march 25 , he only d test me 1nc n it was cotton swab

Attorney Answers 5

Posted

Most attorneys would suggest you not smoke until you are completely off of probation including juvenile probation, and only if you are legally permitted to do so at that time. You do not want to risk your probation being revoked/violated and facing the consequences of such a probation violation. You are close to being out of probation, so play it safe and wait until after your March 25th hearing and any other juvenile probation is finished as well, it is definitely not worth the risk of violating your probation.

This answer does not constitute a legal consultation, or definitive answer, nor does it establish a lawyer client relationship. Each case, controversy, or situation is factually different and requires particularized evaluation.

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1 comment

Asker

Posted

Thank you, what's one more month right?

Posted

Mr. Chandler is absolutely right. Until you are formally off probation I suggest you contact your physician to find an alternate way to medicate besides the med m.j. It's not worth getting "the system" involved and risk having your probation extended by people who don't believe in the medical use of m.j.

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Posted

There is a California case (I don't have the citation) that says if you have a valid medical marijuana card and you smoke marijuana, that is not a grounds to revoke probation.

Seth Weinstein, Esq.
Practicing throughout Southern California
(310) 707-7131
www.sethweinsteinlaw.com

This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.

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Posted

I agree with Mr Chandler and Ms. Gutekunst. Here's the statutory support for what we are saying. Health and Safety Code Section 11362.795 provides as follows:
(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.

In other words you would need a modification of probation authorized by the Court. Wait until you are off probation.

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Posted

The CA case Mr. Weinstein is referring to is PEOPLE V. TILEKOOH, 113 Cal. App. 4th 1433 (2003).

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7 comments

Nicholas Milan Loncar

Nicholas Milan Loncar

Posted

But I do agree with Mr. Kaman, Mr. Chandler and Ms. Gutekunst. Additionally, there are definitely obstacles to getting a valid medical marijuana recommendation while on probation.

John M. Kaman

John M. Kaman

Posted

But see also PEOPLE V. BIANCO, (2001) 93 Cal. App. 4th 748 holding that judges retain discretion to refuse to allow medical marijuana use while on probation

Nicholas Milan Loncar

Nicholas Milan Loncar

Posted

All the more reason to wait a few more months! You've worked hard and done a good job so far. No reason to risk it.

Asker

Posted

I called a physician and asked if I was able to get a med card even if I was on probation and he said as long as you have no drug related offenses. I have a theft charge and a assault charge

Asker

Posted

So I was good to go

John M. Kaman

John M. Kaman

Posted

So the next time you get sick call a lawyer and ask him for a prescription. Sheesh!

Nicholas Milan Loncar

Nicholas Milan Loncar

Posted

Mr. Kaman's caution is a smart one. Here's the situation: You probably won't be drug tested or caught with marijuana in the next month. If you fail a drug test/get caught with marijuana, you could make an argument that smoking with a medical marijuana doctor's recommendation does not violate your probation or CA law. BUT it could still cause you problems and isn't worth the risk with only a month left.

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