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jnixon_8 · Dec 17, 2008, 07:51 AM

I have a misdermeanor possession of marijuana charge. I will be sentenced to 1 year of probation in Jan. I have recently been given a perscription to use medical marijuana. I will be given random drug tests. The court does not know about this perscription yet. Will I be able to smoke marijuana while on probation?

N0help4u · Dec 17, 2008, 08:14 AM

You really should need to clear it with the court or at least your probation officer before you start it. With most medications you only have to tell the drug testing place before you take the test what prescription meds you are taking but in your case I would clear it with somebody first.

JudyKayTee · Dec 17, 2008, 08:24 AM

Originally Posted by jnixon_8

I have a misdermeanor posession of marijuana charge. I will be sentenced to 1 year of probation in Jan. I have recently been given a perscription to use medical marijuana. I will be given random drug tests. The court does not know about this perscription yet. Will I be able to smoke marijuana while on probation?

The person to ask is your PO or the Court - or the Doctor.

jnixon_8 · Dec 17, 2008, 08:42 AM

Originally Posted by JudyKayTee

The person to ask is your PO or the Court - or the Doctor.

Thank you. I was just hopeing that someone may have already heard of a similar situation

JudyKayTee · Dec 17, 2008, 08:45 AM

Originally Posted by jnixon_8

thank you. I was just hopeing that someone may have already heard of a similar situation

This is not uncommon and has been asked and answered before - go to the top of the page (next to the AMHD logo), type "medical marijuana" into the search and it'll lead you to the other threads on the same subject.

excon · Dec 17, 2008, 08:57 AM

Hello j:

If you're a medical marijuana patient, there's a VERY GOOD chance that your possession charge will be dismissed. Most judges don't want to penalize sick people. Yes, there are some that do. This could be the case EVEN if you got your prescription AFTER you got busted...

Did you enter your plea yet? Do you have a lawyer? Since you haven't been sentenced yet, I have a feeling there's still time... I certainly would NOT keep this from the court. No way, no how. You very well might not have ANY probation.

excon

jnixon_8 · Dec 17, 2008, 09:06 AM

I have already enteed a plea of guilty of possession on Dec. 1st. My sentence is Jan 4th. It is going to be one year of probation. I just got the script on Dec 16th. My lawyer has the info and intends on using it in court on the 4th. The probation ays that you can't use any drugs at all... unless perscribed by a doctor. I now have marijuana perscribed by my doctor. It is legal here now

Originally Posted by excon

Hello j:

If you're a medical marijuana patient, there's a VERY GOOD chance that your possession charge will be dismissed. Most judges don't want to penalize sick people. Yes, there are some that do. This could be the case EVEN if you got your prescription AFTER you got busted....

Did you enter your plea yet? Do you have a lawyer? Since you haven't been sentenced yet, I have a feeling there's still time... I certainly would NOT keep this from the court. No way, no how. You very well might not have ANY probation.

excon

jnixon_8 · Dec 17, 2008, 09:08 AM

Also thank you for the great info. Greatly appreciated

excon · Dec 17, 2008, 09:16 AM

Hello again, j:

It would be my belief that with this NEW information, you CAN get your guilty plea recinded. Using this information for sentencing purposes ISN'T what I would do. You already KNOW what you're being sentenced to. Pleading with the judge to let you smoke pot while you're on probation AIN'T going to matter. The judge has NO authority over how the state conducts your probation...

Having said that, and your prescription notwithstanding, you're NOT going to be able to smoke pot while you're under the supervision of the state. They MIGHT let you take marinol, which is THC in pill form.

excon

jnixon_8 · Dec 17, 2008, 10:45 AM

I will see if my lawyer can get my guily plea taken off record and change it to not guilty? I am sure they will not allow me to smoke anything during my probation. Thank you for the suggestions. Will check into it:)

jacobg12 · Dec 7, 2009, 02:10 PM

There are a lot of tthings wrong with this post that I see..

1st. Your confusing the right to smoke marijuana for a medicinal purpose, with 'getting high'
Even if you are, 'getting high' your doctor legitamently gave you permission to use marijuana for a medicinal purpose, did he not?

Its no different than if you were on probation and got into a car crash. Would you not take the pain killers just because of probation? No, you would. Because your doctor told you you NEED it. The same with this medinal marijuana.

Now, the fact that if you actually need it or not, doesn't matter. The fact of the matter is, your doctor prescribed it to you.

With my experience from the courts, they will not LET you smoke. But, again, since your doctor enabled you, they cannot STOP you. All they can do is play mind games with you.

And, I'm baffled by this: you said you have a possession of marijuana charge, but have medicinal marijuana? If you got busted for carrying pain killers, but you had a prescription for them would you just take the charge? Or would you show them your script to get the charges dropped?

Don't forget, YOUR MARIJUANA IS NOW A MEDICINE!

JudyKayTee · Dec 7, 2009, 04:44 PM

This post is a year old. It should be closed.

Everything that can be said has been said - and OP has never been back.