In Your State Can You Be a Legal Caregiver If Your a Convicted for Felon. Cultivation

[EmpireSeeds]

Greetings Growers and Smokers!!

As the Title Says: In Your State

, Can You Get Your "Caregivers Card" (or Whatever you Need to Be Legal to Grow for a Patient) If You Have a Felony Conviction for Cultivation with Intent to Sell on Your Record??

I Guess If The Answer is No (No Card) in Your State, Then Same Question For Personal...

Neither are Legal (Under Almost All Conditions) In My State (Chesapeake Bay Area

) However, I'm Certain Laws Will Change Very Soon in My State or a Surrounding State (Willing to Relocate)

Thanks So Much for Your Time!!

-Capt Dutch

 

[sanjuan]

No language about previous convictions in WA state law.
http://apps.leg.wa.gov/RCW/default.aspx?cite=69.51A&full=true

 

[PoopyTeaBags]

check out michiganthe laws little fuzzy for me atm. but i do belive as long as it was not a violent felony you can do it...

 

[KnuckleHedd]

In the state of Michigan, the application clearly states "I have never been convicted of a felony involving illegal drugs." Not much gray area there. It doesn't matter if you have a conviction for blowing someones head off...but don't have a felony for selling weed. Ass backwards to my thinking.

 

[HighDesertJoe]

You not suppose to be able to get a Med Card in Calif if your a Felon, I'm pretty sure.

 

[jose69]

You not suppose to be able to get a Med Card in Calif if your a Felon, I'm pretty sure.

you can get a doctors rec as long as you are not presently on parole

 

[mugenbao]

No language about previous convictions in WA state law.
http://apps.leg.wa.gov/RCW/default.aspx?cite=69.51A&full=true

I know someone in WA who has previous convictions, and he has had no problems with being a "Designated Provider" here. He's had the cops show up and check out his grow (neighbor called about the smell), and they were well aware of his record. They didn't give him any grief, and complimented him on how organized he was (both grow and documentation).

I'm really glad we don't have some sort of application process here. I find the whole idea rather silly, and it just seems to demonstrate that lawmakers really have a hard time with medical marijuana. I like how Washington just has what amounts to a documented agreement between patient and provider, easy easy. I do wish we could grow for more than a single patient though (Yes, I know people do, but it's not specifically provided for in the legislation).

.

 

[Rysam]

I have a felony conviction and live in CA. and I have both a recommendation from the doc. and caregiver card issued by the county. The felony isnt for drugs though and 15+ years old.

No questions asked when I got both.

 

[Hammerhead]

Here in Ca they dont ask at Medicann but it is on there application but who answers that honestly lol. If your getting a state card your SOL if you have a felony drug conviction of any kind. I have read that some people that are on probation(not for drugs) can get a card but they got all kinds of hoops to jump through.

 

[kmk420kali]

Here in Ca they dont ask at Medicann but it is on there application but who answers that honestly lol. If your getting a state card your SOL if you have a felony drug conviction of any kind. I have read that some people that are on probation(not for drugs) can get a card but they got all kinds of hoops to jump through.

Can you show me that??
I just looked over the Application form, http://www.cdph.ca.gov/pubsforms/forms/CtrldForms/cdph9042.pdf , and it doesn't even ask the question of if you have prior Felonies--
To my understanding, prior convictions have nothing to do with you Right to Medicine-- There is no place, to my knowledge, in 215, 420, or the State Program, that says anything at all about that--
The only thing there is a restriction on, is Owning or Managing a Dispensary--

 

[Hammerhead]

This is straight off the California Senate Bill 420, 11362.795. (a)
(1) Any criminal defendant who is eligible to use cannabis pursuant to Section 11362.5 may request that the court confirm that he or she is allowed to use medical cannabis while he or she is on probation or released on bail.
(2) The court's decision and the reasons for the decision shall be stated on the record and an entry stating those reasons shall be made in the minutes of the court.
(3) During the period of probation or release on bail, if a physician recommends that the probationer or defendant use medical cannabis, the probationer or defendant may request a modification of the conditions of probation or bail to authorize the use of medical cannabis.
(4) The court's consideration of the modification request authorized by this subdivision shall comply with the requirements of this section.
​

I know that if your on probation you will be required to take random piss tests. I can only guess what the outcome would be if your positive for cannabis.

This is the only thing I could find. Only 7 felons out of 320 got permission to use cannabis.
This is for Seattle
http://seattletimes.nwsource.com/html/localnews/2013810004_marijuana03m

 

[emerald city]

not in Maine

 

[kmk420kali]

This is straight off the California Senate Bill 420, 11362.795. (a)
(1) Any criminal defendant who is eligible to use cannabis pursuant to Section 11362.5 may request that the court confirm that he or she is allowed to use medical cannabis while he or she is on probation or released on bail.
(2) The court's decision and the reasons for the decision shall be stated on the record and an entry stating those reasons shall be made in the minutes of the court.
(3) During the period of probation or release on bail, if a physician recommends that the probationer or defendant use medical cannabis, the probationer or defendant may request a modification of the conditions of probation or bail to authorize the use of medical cannabis.
(4) The court's consideration of the modification request authorized by this subdivision shall comply with the requirements of this section.
​

I know that if your on probation you will be required to take random piss tests. I can only guess what the outcome would be if your positive for cannabis.

This is the only thing I could find. Only 7 felons out of 320 got permission to use cannabis.
This is for Seattle
http://seattletimes.nwsource.com/html/localnews/2013810004_marijuana03m

Gotcha,,,but that is for ppl that are still on Parole or Probation....I just wanted to clarify that having a prior felony, after you complete your Parole Probation, will not matter at all, in getting a Rec or State Card-- I am only talking about Cali....I am not familiar enough with other State's Programs to properly comment on them--
No hate or anything bro...just making sure the correct info gets out here--

 

[Pythagllio]

you can get a doctors rec as long as you are not presently on parole

Neither is correct. The CUA does not mention felons, and the California Probation and Parole people accept it as business as usual. The only time you may find a problem is if you've used Prop 36 to avoid a term in prison. But you have to admit to being a drug addict to use Prop 36 which actually makes those people's exclusion (possibly) reasonable since the widely accepted premise for treatment of drug addicts is to exclude any type of MAD use. As long as people under Prop 36 are excluded from using opioids such as oxycodone, Desoxyn for ADHD etc it's consistent with excluding cannabis patients.

http://www.safeaccessnow.org/article.php?id=4740

California lawmakers cant touch the CUA. The only way to amend a citizen sponsored ballot initiative in California is with another citizen sponsored ballot initiative. 10 years from now after cannabinoid medicines are mainstreamed into the doctors prescription/pharmacy model California willo likely still have CUA exemptions because someone would have to care enough to spend the money to gather the half million signatures needed to get the measure on the ballot. It cost $1.5 million to get Prop 19 on the ballot.

Montana was the same until just recently, I guess in due time we'll see if the Montana lawmakers can rewrite the rules in due time. They were upset because well over 1% of their probatees had obtained protection under their medical cannabis laws.

Colorado also added this restriction in their latest law. Evidently Senator Romer & friends decided that the appeals courts didn't have enough work as their law is part of the State's Constitution and I'm unaware of any legislative body in the US that can amend their Constitution with a simple 50%+1 vote. Until the recent law Colorado jurisdictions were split with some accepting people on P&P as legal patients and caregivers and the rest not allowing it. The Colorado Supreme Court most certainly will be ruling on this controversy in the near future.

Nevada won't allow you to even be a patient if you have a conviction. I guess criminals don't get sick in Nevada. I understand that Nevada puts your medical status on your driver's license. That may have a lot to do with the fact that Nevada has less than 2000 patients when you look at their per se driving while impaired law for cannabis. 2 ng/ml is going to get just about everyone who gets tested found guilty of DUI-m whether they are stoned or not.

Don't expect any new States joining the medical cannabis club to not exclude felons at least from being caregivers. MI, DC, AZ, and NJ all exclude drug felons from being involved as caregivers. AZ's law was written by the MPP sponsors and MI was also written by potheads so there's really very little chance that there will be any new States that allow drug felons to be caregivers. Murderers, rapists, and Bernie Madoff, no problem. But if you got caught growing pot in the past no medicine for you. AZ is particularly heinous as they're the only remaining State that treats all petty possession cases as felonies so everyone that got caught with pot in AZ in the past is going to be excluded from being a caregiver.