I was arrested during a rare meth relapse An under the influence charge was dropped and a possession of equipment charge remains. I was NOT in possession of meth itself. I have been HIV+ for over 10 years and my kaiser physician diagnosed me with AIDS a few years ago. i have held a CA prescription for marijuana for the last three years. I have all necessary documentation to show this to the court. Can I use marijuana for these medicinal purposes while on diversion pursuant to section?
Probably not if you have drug restrictions as conditions of probation. That is something that should have been brought up at your sentencing hearing. Unless authorized by probation or the judge, you will not be able to use marijuana even for medical purposes.
As a matter of course, no. But, a good attorney may be able to get the court to make an exception given your situation, particularly if there are no available, legal alternatives to marijuana.
Not necessarily. Judges consider mj a "gateway drug" and buy into anti mj propaganda. I've seen judges summarily order clients to refrain any use of drugs without permission from their probation officers.--including mj. In order to be allowed medical mj while on diversion, you will need more than a $40 Pot Doctor recommendation. You will need to convince the judge that there is no other medicine available at all to treat the ailment or symptoms you have. Pain? Judge will say use Aleve. Anxiety? Get Xanax. You get the idea. You will need a strongly worded document from a treating physician as part of your evidence package. If this is important to you, hire an experienced attorney to help you.
The answer is that probation including while on PC 1000 may bar you from using cannabis notwithstanding a recommendation from a physician. That said, a judge may override conditions of probation following a modification of probation hearing. You should hire an attorney to file and argue this motion. It's an outrageous travesty that you should be denied the right to use a plant as safe, non-toxic, non-addictive and helpful to your personal health condition as cannabis. But nearly 20 years after the 1996 medical marijuana proposition passed, California remains fully immersed in the insane war on drugs. California is now more regressive than Colorado, Washington, D.C., Oregon, and Alaska. Hire an attorney to preserve your health. All the best
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