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irishnstuff · Mar 17, 2013, 02:10 PM

California - My son is newly on probation for a dui at the age of 17. He has never been in trouble before and we have no idea how the law works. The judge ordered that he is to have a probation officer, be drug tested, classes etc. We haven't even been called by a PO yet. My question is this - My son is now 18 and a half and has a medical marijuana card for ADHD and a knee issue. Is it legal in the state of California to use that medical card and have permission to smoke? Or, when the judge said he will be tested for alcohol, drugs etc... does he need to quit smoking as they won't accept the medical reasons behind its use? No drugs will be tolerated period. Scared his first drug test he will fail, and not sure of the consequences of that?

JudyKayTee · Mar 17, 2013, 02:56 PM

The person to ask is the PO BEFORE the drug testing begins. I would not take the word of strangers over the Internet.

AK lawyer · Mar 17, 2013, 04:45 PM

If the judge said "No drugs will be tolerated period", your son had best obey. The medical marijuana card does not trump the judge's order.

It surprised me that such a card is available for relatively minor conditions such as ADHD and a knee issue. I thought it was for serious stuff like terminal cancer. But oh well, it is California after all.

If you think he really needs to use marijuana, and as Judy has told you, get the judge's, or at the very least the PO's (written) approval now, and not after he is caught using.

excon · Mar 19, 2013, 05:54 AM

Hello I:

Here in Washington, if you have a scrip for medical marijuana, they DON'T bust you for it while under supervision. My guess is they won't in California either...

I wouldn't surprise the PO, though, with a dirty UA down the line. I'd have a frank discussion with him about it.

excon