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I'm on probation in Georgia for misdemeanor marijuana possession (12 months). I live in the state of California.

Mcdonough, GA |

I'm on probation in Georgia for misdemeanor marijuana possession (12 months). I live in the state of California and have a valid medical card for use. I have finished all of my probation requirements. I am required to do random drug test but I have yet to do one, granted it's only been a few months. I have terrible joint pain, how can I get back to medicating? Am I eligible for early probation termination?

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Attorney answers 4

Best Answer
Posted

Your case raised some discussion amongst out local bar. Seems to me that GA court has not right to prohibit you from using a legally prescribed substance from another State. Honestly you should have argued that the prescription from California was entitled to full faith and credit in GA and asked for a jury charge on legal prescriptions as a defense to illegal possession. Yes, GA has the right to make it illegal. But as one of States in the Union, GA must give full faith and credit to California law. Would have been an interesting case to take all the way to the United States Supreme Court. It will happen soon enough. I believe to answer your question we could draft a sentence modification in front of Judge?? Should argue full faith and credit and that GA violated your US Constitutional rights thus creating a Void sentence. Always have the option of Civil Habeas Corpus in the conviction county I.E. Henry. Rhat Habeas is only valid within 12 monrhs and 30 days of itsbissuance. Call me and let's at least explore a huge issue that needs to be litigated and not just ignored. With many States currently approving legalized medicinal marijuana this issue is a superb one to not pass up.

Ricky Morris
78 Atlanta Street
McDonough, GA. 30253
770-898-9995
Ricky@rickymorrislaw.com

Asker

Posted

Thank you Ricky. You seem to understand what I am asking. I will give you a call!

Posted

Take some Motrin. Smoking pot while you are on probation is a sure fire way to go to jail.
As to early termination, you'd have to discuss that with your lawyer. If you don't have one then you should hire one. Whatever you do, don't tell your probation officer you want to terminate your probation so you can go back to smoking pot.

Asker

Posted

I dont think you really understood my situation. I didn't say I was currently medicating, I asked about probation termination or any other possible way to get back to medicating legally. It is legal in more advanced parts of the world you know?

Noah Howard Pines

Noah Howard Pines

Posted

Yes, I know it is legal in other states, which is why I suggested you talk to your lawyer about having your probation terminated. Because even though it is legal in other states it is still a violation of your probation to use marijuana while you are on probation.

Posted

In Georgia, it is illegal to smoke or even possess marijuana. You cannot "medicate" with marijuana in Georgia. When you are in a state, you have to follow the rules of that state. Since it is a misdemeanor, you have a little less than a year left of probation. Finish your probation without using any marijuana. If you smoke marijuana or are even caught having marijuana while in Georgia, that would be a violation of your probation and the court can send you back to jail. Once you are done with your probation, you can move back to California if you can't find a legal medication that will take care of the pain.

Asker

Posted

I'm not in Georgia, I live in California. I am serving my probation in California where marijuana is legal with doctors approval, which I have. I'm not saying that I'm going to violate my probation. I'm asking if there are other alternatives i.e probation termination.

Lindsey Jordan Share

Lindsey Jordan Share

Posted

You asked in your original post, " I have terrible joint pain, how can I get back to medicating?" I was answering that question. In regards to your other question, you have to complete all the terms of your probation. Pay off all of your fines, do a drug eval, complete all hours of community service....whatever the court ordered you to do. Once you do that, hire a lawyer. A lawyer can file a motion to terminate your probation.

Asker

Posted

Thank you. I have completed all of those things. I will get to work.

Posted

These are questions you should ask your lawyer. Anyway, find an alternative, legal pain medication, and do whatever it takes to break your addiction to marijuana. Get treatment, rehab, or whatever is necessary because otherwise you risk violating your probation, returning to jail, and having your probation revoked or modified, and, perhaps, losing conditional discharge (if applicable) or first offender status (if applicable).

Answers to questions on this web site are for informational purposes only and do not constitute legal advice. Unless you and Troy W. Marsh, Jr. have signed a written contract, Troy W. Marsh, Jr. is not your attorney, and you are not his client. www.marshlaw1.com troy@marshlaw1.com

Asker

Posted

I dont remember saying I'm addicted. Are you a lawyer or a doctor? Re read and understand the question before you insult potential clients.

Troy Windel Marsh Jr.

Troy Windel Marsh Jr.

Posted

Having represented hundreds of marijuana addicts, I inferred from your statement of facts that you are addicted to marijuana. I am a lawyer. Marijuana possession is a crime in Georgia.

Asker

Posted

Oh! So you're qualified to medically evaluate someone online (with no facts at all) because you've represented a lot of marijuana users, because all marijuana cases and users are the same? Where do they give out those certificates?

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