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Does the parole officer have the right to put parolee in re-entry program for finding a medical marijuana card and cigars?

Los Angeles, CA |

I was arrested in a search warrant but got a D.A. reject. I served 37 days in the county jail for a violation. I went to check in at the P.O. when I got released. 22 days later a new P.O. came to visit but I wasn't home. he left his card on a Thursday but I forgot to call on Friday so I called Monday. He said to come into his office and I did. I showed him my forklift certification I had gotten that day so I can start working the next day. He didn't want to see it. He said he wanted my new address but I had the same address. He didn't believe me and he told me to empty my pockets. When he found my medical marijuana card he and said I couldn't smoke weed on parole and I had to go to a 180 day program. I had 3 P.O.s prior to him and tested monthly. I don't mind not smoking but the program?

Attorney Answers 2


  1. There is a California Appellate case that states that if you have a medical marijuana card, it cannot be used against you for probation or parole purposes. However, you cannot possess an unlawful amount of marijuana, nor be under the influence in public or while driving of course. You should seek clarification from a supervisor.

    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.


  2. I rarely recommend hiring an attorney as a knee-jerk answer to people's questions. However, Mr. Weinstein is correct: this should not be permitted to interfere with parole and should not be the criterion used to commit you to a 180-day program. I think you should beg, borrow or find some money and hire an attorney to advocate for you on this.

    Congratulations on your forklift certificate. It sounds like you are doing well.

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