QUESTION
Can I have marijuana with a medicinal card in California while on informal probation?
Asked on Apr 10th, 2013 on Drug Crimes - California
More details to this question:
I got a dui (alcohol related) and am on informal probation. Got my medical marijuana card in California. Obviously driving while under the influence of marijuana or any substance is against the law, but to simply possess it with my circumstances should be okay right? I've heard while on any kind of probation you must "obey all laws". I've also heard if you're on probation and want to possess marijuana with a doctors recommendation, you have to clear it up with the court. My attorney from my dui told me that informal probation means no check ups or drug tests, and should be fine to possess so long as I'm not driving on it. Just seems like a bit of a grey area and want to be safe. One of my friends already had medicinal card before he got a dui (drinking), does his card not protect him from the law any more? And what should I do if I'm pulled over? Explain that I'm on probation and have my card? Please help.
1 ANSWER
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If you are on probation it is within a judge's discretion to allow you to use medical marijuana.
There is a difference between formal and summary probation - on summary or informal probation, you do not have to check in with a probation officer. However, you most likely signed a form that included a 4th waiver, which means the police can perform searches without a warrant.
Keep in mind, if the amount you possess is less than an ounce, it is an infraction that comes with a fine not to exceed, but will most likely be, $100. California Health & Safety Code Section 11357(b).
Answered on Apr 13th, 2013 at 1:07 AM