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cannabis card and probation

Discussion in 'Medical Marijuana Usage and Applications' started by The415general, Feb 10, 2009.

  1. Ok so im 18 on probation in California. Im going to get my cannibis card 2m and i want to know can my po stop me from smoking since i am on probation but i think the law is since it is for medical resons she cant do anything am I right?
  2. You may be able to get a recommendation, but if your probation is for anything drug related, you'll be tested, and the card won't make a difference.
  3. I know she will be testing me and I don't mind that.but since it is for medical use it is legal right?
  4. You should check with a lawyer.
  5. If you're getting tested for probation, then having a card won't do you much good.
    It's no different than failing a drug test for a job and having a card. Most employers don't give a shit and will fire your ass.
  6. #6 calicheese23, Feb 10, 2009
    Last edited by a moderator: Feb 10, 2009
    Probation=County and State Government

    From California State Bill 420
    11362.795. (a)
    (1) Any criminal defendant who is eligible to use marijuana pursuant to Section 11362.5 may request that the court confirm that he or she is allowed to use medical marijuana 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 marijuana, the probationer or defendant may request a modification of the conditions of probation or bail to authorize the use of medical marijuana.
    (4) The court's consideration of the modification request authorized by this subdivision shall comply with the requirements of this section.

    It looks like it will be up to the judge on this one

    Edit: Full text for SB420

  7. It also looks like you need an extremely legitimate reason. Wrist Pain probably will not hold up in court.
  8. If you can legally prove you legitimacy as a patient in court, then the judge would have to consider letting you use it. BUT that's definitely a small chance, IMO.
  9. I know someone who is on probation and has his MMJ rec. He had it before he was busted and the judge allowed his continued use.
  10. I stand corrected.

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