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TheBudReaper

Im on probation. I dont smoke because id rather be sober and free than sober and in jail. I was woundering if i get a cannabis card will the judge do anything? If you get my question good if not ask questions and ill answer to the best of my ability!

 

ihavenoidea

Im not sure, but i wouldn't think so being that medical cannabis is getting less popular with the DEA threatening everybody and whatnot. But im not really saying with any real knowledge, as i think it is a pretty gray area.

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Darque Pervert

That's a tough one....

You have a state-sponsored clearance to possess and consume marijuana. That should be your "get out of jail free" card.
However, you also have a contract with the state for your probation with conditions you have to adhere to, one of which is passing urine tests.
We all know the UAs for probation are testing for illegal drugs (opiates, cocaine, meth, unprescribed prescription drugs, etc.) For you, marijuana is not illegal.

Honestly, I don't think it would matter to a judge, since the UAs are part of your probation and that's already signed, sealed & delivered.
If you'd brough up your MMJ condition during sentencing, it might be another matter. Now, however, I think you're SOL.

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steakii

Why dont you call your PO and ask? No harm could come from it, except maybe him testing you more, but if he says it wont help anything, then just dont smoke and he cant do anything.

chadwick

i know that MJ in general is not a priority in the test they do, my friend on probation smokes with me everyday and he gets tested once a month but apparently they dont test him for MJ, so i couldn't see them being to concerned about it if it is legal under state law, as long as its not a federal charge than you should be good, but ask your PO first before you do anything

 

FakeBoobsRule

Your friend is very lucky because most people on here who have probation questions or drug testing question regarding probation deal with weed. Very lucky as well as unusual.

I don't live in a mmj state but it seems even if you had a mmj card the judge could easily deny you that right because you are on probation either because you accepted a plea deal or were found guilty and the judge basically sets or writes the rules of your probation. Maybe it is written into the laws who has the "power" here the judge or the prescription. The proper way to err in this would be to say the judge has the "power" over the prescription. If you get it after sentencing the best thing you can do is tell the po before you use it and go from there. If you had it to begin with you might not be in court. From what I've seen most po's and judges work as a team or whatever you want to call it where the po's monitor and report back to the judges. If you are on probation for a marijuana related offense, I imagine most judges would hear about your prescription and wouldn't agree to it. Again I don't live in a medical marijuana state but it seems for your prescription to impress the judge enough to allow you to use marijuana during your probation it would have to be a very compelling one.

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dedbr

On any probation agreement I've ever seen, you agree to obey all law's, state, federal and municiple. Smoking herb by doctors recomendation is a violation of federal law, so you would be in violation of your probation.

Now for the good part. I have heard of some judges giving the probationer thirty days to stop using the herb so he would be in accordance with the terms of his probation...

There are some cool judges out there...........



Some Where In Ded Land..............

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stasis88

Yeah probation sucks, I was in an accident because someone hit me on my motorcycle, totally their fault. But at the hospital they took blood and found very small amounts of THC, they charged me with DUID. I smoked the night before but this was the next night and I was completely not impaired at all. Cost me like $1500, forced to take ALCOHOL safety driving classes and now have a record... Total BS!

awd4g63

Call a local lawyer and ask. Based on that, you could then check with your p.o. I'd like to hope you'd be fine

Acidrain09

Sucks man, how long is your probation? I got 6 months for graffiti. Lame shit.