QUESTION
Will I still be able to use prescription marijuana while on probation?
Asked on Feb 27th, 2012 on Criminal Law - California
More details to this question:
I am currently facing charges that will likely lead to a probation sentence. A California resident, and has a prescription from a doctor for medical marijuana. Will I still be able to use prescription while on probation?
7 ANSWERS
Federal Criminal Law Attorney serving Fresno, CA
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Mark A. Broughton, PC
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In a word, NO. Don't even try it.
Answered on Jun 19th, 2013 at 10:03 PM
If you have a valid prescription from a doctor for medical marijuana, you need to bring that to the attention of the court. The court should evaluate the prescription and if they are satisfied it is good it will be noted on your probation orders that you may use the proscribed amount of marijuana during your probation.
Answered on Mar 01st, 2012 at 11:11 AM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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Your question is a legal can of worms. There are arguments in favor of you being able to continue the use of medical marijuana. However, it is not uncommon for judges to specifically order that, as a term of your probation, you abstain from the use of marijuana, even if you have a recommendation from a doctor. The legal answer to your question is uncertain and complicated. The practical answer is for you to consult with your probation officer once your are on probation. If he or she prohibits it, then you should have your attorney bring the issue to a judge with a motion to modify probation (PC 1203.3).
Answered on Mar 01st, 2012 at 10:10 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Ask your PO, his is the only opinion that counts. You do realize that marijuana is now, and for decades has been, illegal under federal law, despite the PC fiction of medical MJ cards in CA? Therefore, you are asking him if you can use an illegal drug while on probation.
Answered on Feb 29th, 2012 at 1:10 PM
Yes, unless probation specifically states you cannot.
Answered on Feb 29th, 2012 at 11:00 AM
James Lochead
Since you have a legal prescription, your use of marijuana while on probation depends whether the Judge in your case prohibits it's use, thereby making it a violation of probation to be tested and found positive for marijuana.
Answered on Feb 29th, 2012 at 10:16 AM
Criminal Defense Attorney serving Santa Rosa, CA
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Law Offices of Evan E. Zelig, P.C.
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Whether you are able to possess, cultivate and use medicinal marijuana while on probation is at the discretion of the Court and Probation officer. You must get permission from the court and / or probation PRIOR to using the medicinal marijuana, as some probations do not allow it. However, simply being on probation does not automatically exclude you from using medicinal marijuana - it just needs to be approved by the Court.
Answered on Feb 29th, 2012 at 10:16 AM