I'm on probation in Georgia for misdemeanor marijuana possession (12 months). I live in the state of California.

Asked 10 months ago - Mcdonough, GA

I'm on probation in Georgia for misdemeanor marijuana possession (12 months). I live in the state of California and have a valid medical card for use. I have finished all of my probation requirements. I am required to do random drug test but I have yet to do one, granted it's only been a few months. I have terrible joint pain, how can I get back to medicating? Am I eligible for early probation termination?

Attorney answers (4)

  1. Ricky W. Morris Jr.

    Contributor Level 2


    Best Answer
    chosen by asker

    Answered . Your case raised some discussion amongst out local bar. Seems to me that GA court has not right to prohibit you from using a legally prescribed substance from another State. Honestly you should have argued that the prescription from California was entitled to full faith and credit in GA and asked for a jury charge on legal prescriptions as a defense to illegal possession. Yes, GA has the right to make it illegal. But as one of States in the Union, GA must give full faith and credit to California law. Would have been an interesting case to take all the way to the United States Supreme Court. It will happen soon enough. I believe to answer your question we could draft a sentence modification in front of Judge?? Should argue full faith and credit and that GA violated your US Constitutional rights thus creating a Void sentence. Always have the option of Civil Habeas Corpus in the conviction county I.E. Henry. Rhat Habeas is only valid within 12 monrhs and 30 days of itsbissuance. Call me and let's at least explore a huge issue that needs to be litigated and not just ignored. With many States currently approving legalized medicinal marijuana this issue is a superb one to not pass up.

    Ricky Morris
    78 Atlanta Street
    McDonough, GA. 30253

  2. Noah Howard Pines


    Contributor Level 18


    Lawyers agree

    Answered . Take some Motrin. Smoking pot while you are on probation is a sure fire way to go to jail.
    As to early termination, you'd have to discuss that with your lawyer. If you don't have one then you should hire one. Whatever you do, don't tell your probation officer you want to terminate your probation so you can go back to smoking pot.

  3. Lindsey Jordan Share

    Contributor Level 9


    Lawyers agree

    Answered . In Georgia, it is illegal to smoke or even possess marijuana. You cannot "medicate" with marijuana in Georgia. When you are in a state, you have to follow the rules of that state. Since it is a misdemeanor, you have a little less than a year left of probation. Finish your probation without using any marijuana. If you smoke marijuana or are even caught having marijuana while in Georgia, that would be a violation of your probation and the court can send you back to jail. Once you are done with your probation, you can move back to California if you can't find a legal medication that will take care of the pain.

  4. Troy Windel Marsh Jr.

    Contributor Level 14

    Answered . These are questions you should ask your lawyer. Anyway, find an alternative, legal pain medication, and do whatever it takes to break your addiction to marijuana. Get treatment, rehab, or whatever is necessary because otherwise you risk violating your probation, returning to jail, and having your probation revoked or modified, and, perhaps, losing conditional discharge (if applicable) or first offender status (if applicable).

    Answers to questions on this web site are for informational purposes only and do not constitute legal advice.... more

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