I am on state probation since May 2017. I see my probation officer every 4 months in person and scan my hand every month in the kiosk. I got 4 child endangerment felony charges due to my ex husband abuse to us in which 3 charges will be dropped at the end of my probation. So I wanted to know will it be safe to smoke weed since its legalized in California. I am on formal probation. Charge is PC273A(A)
*Violate no law
Carry no weapons
Carry terms at all times and CA ID
No contact w/ victims unless DCFS approves
Do not have deadly weapons under your possession
Keep PO aware of move and place of residence
Not associate w/persons know to defendant to be convicted felons, illegal users or sellers of controlled substances or actively engaged in criminal activity or co defendants
Not leave state of CA w/ out written permission from PO
PERMIT VISIT & SEARCHES OF PLACE OF RESIDENCE TO ENSURE COMPLIANCE OF TERMS OF PROBATION
SUBMIT TO SEARCH & SEIZURE OF YOUR PERSON, RESIDENCE OR PROPERTY UNDER YOUR CONTROL DAY & NIGHT W/OUT WARRANT
I have reviewed all my terms over and over and see nothing of NOT SMOKING NOR DRINKING ALCOHOL
Based off the terms you posted it would appear that you would not be in violation to have pot show up in a drug screen since it is a legal substance,but having said that the probation officer comes from a different time and perspective and is probably not going to be happy with you if you do
Please be aware that any comments that I have made are preliminary and tentative and not based upon a thorough analysis of your case. I would need additional information and review the exact documentation to be sure of the above advice. The answer above does not create an attorney/client relationship and does not require me to answer any future questions.
Are you drug tested when you report? Are you asked to show up for random drug testing at the drop of a hat? Was there any allegation that the criminal conduct was attributable, in part or in whole, to drug use? If not, based on your question, there doesn't appear to be a restriction on ingesting marijuana.
I know nothing about your case, of course. But use common sense. Assuming you have custody of children and are subject to random probation searches, if you are found to be under the influence (of drugs or alcohol) while you're the responsible adult for those children, THAT will probably violate your probation.
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