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Can my probation officer tell me what rx medications i can and cant take???

Fresno, CA |

because he is telling me i cant take my insomina rx that i get filled at wal greens the medication is called mirinaol. i cant take other med because of alergic reactions. can they over rule my dr???

Attorney Answers 2


  1. It depends. Where I worked, the judges would make one of the terms of probation "no prescription medicine not prescribed by a local doctor" to avoid running to out-of-state pain clinics for narcotics and pain killers. I've also heard federal judges requiring people not to use any form of marijuana whether prescribed or not. In colorado, it can be legal just like in california, but not under federal law.

    Bottom line is that if you are on probation, you need to follow the rules your probation officer tells you, because his special supervision reports to the judge can put you back in jail awaiting a probation revocation hearing.

    This is general informational response is based only on the information given. It should not be relied upon without consulting a lawyer and getting a full consultation. This response to the question does not create an attorney-client relationship. This is general informational response is based only on the information given. It should not be relied upon without consulting a lawyer and getting a full consultation. This response to the question does not create an attorney-client relationship. Mark Solomon Criminal Defense Attorney Solomon Law, P.C. 2600 S. Parker Rd, Suite 3-134, Aurora, CO 80014 (720) 722-2050 http://www.solomonesq.com/


  2. No, your probation officer can't tell you what rx medications you can and can't take, but the judge can. You should check with the attorney that represented you about your probation conditions. Also, if you are subject to urine testing and you are taking marinol, it's going to come up positive for marijuana. Your probation officer can then arrest you for a probation violation and you will sit in jail for weeks while you await a hearing to argue that you didn't use marijuana, you only used your prescription marinol. So, if you want to be proactive about the issue, you will have your lawyer put you on calendar and discuss your medical need for marinol with the judge. The judge will either allow you to continue taking it or order you not to. Good luck to you.

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