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Hello there, I have a question about medical marijuana. but I am on probation and I don't know if I can get my card?

North Highlands, CA |

I am turning 18 in less than a month and I wanna go and get my medical marijuana card for a couple of reasons. The thing I have been thinking about is that I am on probation and I don't know how to go about anything and I am not truly sure if I can get my card while on probation?

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Attorney answers 6

Posted

Unless the judge specifically ruled that a condition of probation is no medical marijuana, even for medicinal purposes, you certainly can apply for such a card.

Asker

Posted

there was never anything said or put down that I cant get a medical card fpr marijuana

Posted

Even if no MJ, even for medicinal purposes, is a condition of your probation, I see no impediment to your applying for a card. However, if this is a term of your probation, possession of a medical marijuana card does not override this condition. You still will be prohibited from possessing or using marijuana. Hire an attorney to make sure of your situation.

The response above is not intended as legal advice. This response does not create an attorney-client relationship. Legal questions can only be fully answered through consultation with an attorney to whom you give full and accurate details. Anything you post here is not confidential and is not protected by the attorney-client relationship. It is highly recommended that you seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting.

Posted

It depends upon the terms and conditions of your probation. It is not uncommon in drug cases for there to be a prohibition on medical marijuana. Best to take your terms and conditions and consult an attorney about them.

Asker

Posted

It wasn't a drug case

Joseph Salvatore Farina

Joseph Salvatore Farina

Posted

Then you should be ok but I would check with your probation officer anyway

Posted

Since you are on probation, there's a specific Health & Safety section that states that you must request permission from the judge. Typically if done correctly you will prevail. If not done correctly, then you will likely be denied. First get the marijuana recommendation then see your previous attorney to make a motion in front of the judge. I wish you the best.

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

Posted

When you are on probation the court has the power to limit things you otherwise have a right to do. For Example: The First Amendment protects the right of association, however when you are on probation you can be ordered not to associate with people on probation or parole.

This is a situation where you must first get an OK by the court. The rural courts want you to prove that there is no other feasible medical option other than marijuana. In the bigger cities the court tends to care less about marijuana use while on probation. They just want you to conform to the law.

You must file a motion with the court to be heard on this matter. Since you are on juvenile probation consult an attorney.

Posted

If you're going to spend money on a Dr. visit for to get your car, then buy marijuana...why don't you wait just a little bit longer and use that money for a consultation with an attorney.

You're asking a question that is calling for specific legal advice to your situation. This forum is for general legal questions.

Law Office of Daniel M. Wigon This should not be taken as legal advice. Consult with a local attorney before making a decision that could adversely affect your rights.