I have two years left on a probation for a deferred acceptance of a no contest plea. I was not convicted of a crime, but agreed to a five year probationary term and mail in a form and some money every month in Deschutes County. We were told we can't use medical marijuana because it violated the 'follow all laws' principal of probation, and even though it is legal in the state it was a violation of federal law. Does this new congressional bill alter this discussion and make it legal for Oregonians to use medical pot both on a state and federal level, or does it just prevent the justice department from prosecuting medical marijuana cases without technically making it not illegal on the federal level??
I don't think so. Alcohol is legal both on a State and Federal level but the State can prohibit your use of alcohol while on probation. Since it is a prescription medicine it is slightly different but can still be prohibited. You may have your lawyer petition the court to change or modify this condition or bring it up with your PO.
A crime for which prosecutions are prohibited is still technically a crime. The prohibition could be lifted, after all. Also, a conviction for a crime will usually stand even if that behavior is subsequently decriminalized (although this could be a basis for post-conviction relief or a pardon).
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First of all, the Oregon law legalizing marijuana does not go into effect until July 2015, so it is still illegal at this time in Oregon. I believe the federal spending bill just addresses medical marijuana providers (in other words, the feds can't raid medical marijuana dispensaries), it does not legalize all marijuana use/possession across the board. If you're considering using medical marijuana during the deferral period, you'll want to make sure you have written permission from the court. You should talk with the attorney who represented you on this case, and make sure you get all permissions in writing. good luck.
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