I've been on Medical Marijuana since I've been 18, 23 now and on probation

Asked over 1 year ago - Victorville, CA

Last year I was put on 3 years of Felony probation for a crime isn't related to any drug . I told my probation officer that I am a medical marijuana patient since I was 18 and he said OK because my case isn't drug related . I was pulled over and arrested for possession with a stun gun and upon search and accordance with prop 215 , they found my medical marijuana . I went to the probation office today and she said I cant smoke anymore . In being mandated to drug testing and Na meetings . She says that I have to go to the county building and get my medical card and go in front of the judge and tell him I need medical marijuana , when I have been getting my medical card from a licensed physician in accordance with SB 420 . In considering to file the form for the Probation Modification hearing

Attorney answers (3)

  1. Gayle Anne-Marie Gutekunst

    Contributor Level 17

    5

    Lawyers agree

    Answered . I'm not sure the exact "form" for probation modification to which you refer. However, your p.o. is going to need a court order to get her to back off. Under Health & Safety Code 1362.5 allows any criminal defendant on probation to petition the court for a modification of the probation to permit the use of med. m.j. You p.o. is a moron to substitute her amateur opinions about "addiction" for your doctor's medical recommendation. NA meetings?

    You don't need a medical m.j. card, as long as you have a certified recommendation from your physician. The card puts you into a statewide data base and does make it easier for law enforcement to check that you are a valid patient, but it is not necessary to the legality of your status as a patient.

    I'm unclear whether she is actually violating you for the med. m.j. If she is trying to do that, the CA Supreme Court ruled a decade ago that your probation can't be revoked for lawful use of medical cannabis. Therefore, it is a defense to a violation.

    I think you should not attempt this alone. It will go much smoother and quicker if you are represented by counsel. In such a case, I doubt the county public defender will represent you, so you will have to retain your attorney yourself. If your medical m.j. is crucial to you, an investment in the legal fees will be worth it.

    Just off the track a little: has your attorney in the stun gun case satisfied himself/herself that the detention and arrest were not a 4th Amendment violation?

  2. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . According to California law, you do have a right to medicinal marijuana. I've had these matters in Victorville, and it is likely that the probation officer is going to argue that you are breaking federal law, which is non-sense. There's a counter argument to such. My advice is to locate an attorney well versed in state and federal medicinal marijuana programs. Many respectable attorneys offer a free consultation. My suggestion is to meet with one soon. I'm available if you need any assistance.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more
  3. Nicholas Milan Loncar

    Pro

    Contributor Level 17

    3

    Lawyers agree

    Answered . Although there is caselaw supporting a medical marijuana patient's right to smoke marijuana while on probation (People v. Tilekooh), there is also conflicting law allowing a judge the discretion not to allow a probationer to smoke marijuana, despite a valid doctor's recommendation (People v. Bianco). It's not for the PO to decide, though, so talk to an attorney and someone can go into court to fight for you.

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