Medical Marijuana and Probation

[HOPS5K]

So yeah, how do I bring up the Medical Marijuana issue with my Probation officer? She seems cool enough to me, but I'm not sure how she'd react if I were to bring up the fact that I have a License for MM.

I mean, I don't want to come off as a prick and say "Hey, I've got a License for Med. MJ and I'm gonna use it, so get used to it! I don't have to pass no stinking drug test!"

I just don't know how to bring this lingering issue up with her.

I have medicated 4 times since I've been on probation and it's mostly been on all weekends, no weekday smoking.

I do have a special way to clean myself out for a drug test though, if that helps...

Should I continue smoking the Holy Herb and not bring it up with my Proabation officer, or tell her I have a license (but not currently using, a lie) it to partake.?

I also have not been Randomly tested yet after almost 3 months, what gives? Or is she gonna pop one on me next time I see her (the Probation officer)?

 

[shack]

Hops- I don't have a sure answer to your question,but I would think that if you have a prescription for medical mj, you should be golden.

Can a probation officer prevent someone in chronic pain from taking prescribed pain killers?.I sure hope they don't have that power.

Hopefully someone will chime in with some real life answers.

 

[SHAWTYBANGBANG]

when i was on probation and had a random, i had to fill out a form and one of the things on it was for listing prescription meds. if you get one just fill it out like normal. i dont think you can get violated for taking prescription meds.
if so then you could get in trouble for growing your own, even with a liscence.

 

[HOPS5K]

Thank you Shack and Shawty for the info!

It's much appreciated!

Maybe tomorrow or Monday I'll go hit up the dispensary for some Meds..YAYYYYY!!!

 

[joeking]

stand your ground homie...it's prescribed to you

 

[funkfingers]

In Colorado it varies from county to county, whether or not they'll let you burn... You should be good in the mtns as long as you're not in Delta county....I would try and find out what the deal is with for eagle county..The hard part is telling your probation officer you got a mmj card, good luck

stay up

 

[wilburn]

Catch 22. Your probation terms call for you to be legally squeaky clean i.e. no violations of Fed, state or local laws. You can't cohabit or be in the vicinity of those who have committed crimes or are committing crimes.

IOW, it's an impossible situation, it is designed to fail you.

WTS, your probation officer wants you off probation as quickly as you can. You're another file to deal with and the less headaches the better. You have to feel this situation out. Do you have a gung-ho newbie P.O. who goes by the rules strictly? A seasoned vet who prolly won't violate you because he's got many more major issues than you and violations requiring forms, time, court appearances, etc.

To top it off, good chance you will see several POs as you move through the system and get passed around.

No advice here. You have to feel your way along in the dark, I'm afraid

 

[Pythagllio]

willburn there are many people in California on felony probation and parole who have been given a pass on cannabis. California's State Constitution specifically forbids their LEOs from ignoring a State law unless that law has been found to not Constitutional. Prop 215 has survived 3 trips to the SCOTUS and several more trips to the California Supreme court. Prop 215 is still the law of the land in California and California LEOs are constitutionally obliged to follow State law.

As noted above it varies from county to county in Colorado. IIRC correctly a patient has taken the State to task over this. If so there will be a uniform rule in Colorado in the near future. I'm not predicting if the rule will be in favor or against the interests of patience, but it's definitely a violation of the 14th Amendment to the US Constitution to treat some people as legal and others as illegal. It's called equal protection under the law. The current status quo in Colorado can not persist.

Montana estimates that 9% of their registered cannabis patients are on probation or parole.

http://billingsgazette.com/news/sta...cle_71bf2bca-6c54-11df-b0bb-001cc4c002e0.html

My best advice to the OP is to determine what the SOP in the jurisdiction in which he lives is SOP, and to then make a decision. If he's in CA or MT he would definitely good to go. Unless Montana is somehow able to change their MMJ laws. California and Colorado can't change their medical cannabis law without having it overturned by another ballot initiative. California's lawmakers can't even put the question on the ballot to change their law. It has to be earn it's status through petition by the State's residents.

As an aside, I've been off of probation for 15 years and I still wake up in a cold sweat and terrified because in a dream my PO called me in to give me a random whiz quiz and I'm saturated with THC. In my dream it seems I'm also clueless about how to outwit the drug test which is peculiar because I would most definitely ended up getting my backup time in 1990-1995s probation had I not known ho to game the system. Sometimes in the dream it's the day after he took a periodic urine test from me and I'd gone and gotten myself saturated based on the premise that he wouldn't test me for another month. It's always very vivid and real to me, so much so that it takes me a minute or two after waking up to realize that it's a decade and a half since I had that worry.

 

[Flower Felon]

Catch 22. Your probation terms call for you to be legally squeaky clean i.e. no violations of Fed, state or local laws. You can't cohabit or be in the vicinity of those who have committed crimes or are committing crimes.

^^This is the best post in the thread. It doesn't matter what your state or local laws are because most probation terms are from a boiler plate outline that emphasizes you cannot violate any law, regardless of being local, state or federal.

The posts about you having a prescription are nonsense. You have a recommendation, NOT a prescription (there's a huge difference between the two). People who claim the back problem and pain killer analogy are off point too. If your crime was drug related, the judge can order, if they wish, rehab and/or require you to use non -opioid analgesics for your pain. To say you cannot have a certain type of medicine because a judge is not a doctor isn't quite accurate.

What your lawyer should have done was get this matter resolved at the time of sentencing. In many medical states, lawyers negotiate to have access to MMJ during the term of probation. If your lawyer did not do this, you got shafted with subpar representation.

WTS, your probation officer wants you off probation as quickly as you can. You're another file to deal with and the less headaches the better. You have to feel this situation out. Do you have a gung-ho newbie P.O. who goes by the rules strictly? A seasoned vet who prolly won't violate you because he's got many more major issues than you and violations requiring forms, time, court appearances, etc.

This is good info. For the most part, a PO wants you off their caseload. On the other hand, if you're a fuckup, the PO will not vouch for you to get an early termination. New PO's are typically by the book and will be more difficult to work with. Seasoned PO's know all the tricks and will usually cut you some slack if you're honest with them. There are PO's that don't give a shit about your success and get off on violating people. It's up to you to determine where your PO falls within the range.

You say you only use MMJ on the weekends. Why? If you need it, then you need it whenever the time is. If I were a PO and you told me you're using it only on the weekends, I would stereotype you and say it's recreational, not medicinal. If you can, just obstain till this is over and then go back at it. By bringing it up, you may be letting the cat out of the bag and creating a set of unnecessary circumstances for yourself.

Good luck.

 

[wilburn]

Thanks Flower Felon . Good point about early termination. I have seen violators who got sent to halfway house or to jail get early terms from their PO. Fill out your forms, pay a few asspennies toward restitution, be easy to get on your cell, call in regularly, give your PO every reason...to get rid of you

And he will :0)

 

[blinkisback]

I'm on probation in CA. I have my card, she knows and has made a copy of it to put in my file. I'll give her another copy when I re-new in Sept.....

 

[FlyinHawaiian]

o.o