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Probation And Medical Marijuana

Nina Backon



As some of you may have already heard, my fiance has been given an ultimatum by the Court where he is on probation: give up your driving privileges or forfeit your medical marijuana "privileges." At the time of his plea, he had his card and the Judge agreed to continue to allow him to use marijuana. Apparently, his probation officer is not a fan of that so she filed a petition to amend his probation as stated above and the same Judge signed it.

On the one hand, I am furious. His medical conditions include: 1)Hepatitis C; 2) Cachexia (Wasting Sydrome); and 3) Severe Nausea. Prior to obtaining his card we were in the hospital at least three times by dehydration. He is 6'6" and weighed less than 140 lbs. He couldn't eat or drink anything and vomitted all the time. Now, with marijuana, he can eat, has gained at least 35-40 lbs., and is doing soooo much better.

I believe the Court, intentionally or not, is setting him up for failure. Without the marijuana and driving privileges, he cannot complete the terms and conditions of his probation. Without the marijuana, he will end up back in the hospital, or God forbid, worse.

Thankfully, I am an attorney and know many. We CAN fight this. I have a connection with Fox 2 News, and he interested. Now the question is: do we try to appeal to the senses of his probation officer and the Judge quietly and hope to get them to change this? Or do we become the test case and show them what this community stands for and won't stand for?? I only hope that Eric won't suffer the consequences if we choose the latter...HELP!



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Im also on probation and am looking for a lawyer to help me petition the court so that i may use my rights as a marijuana patient. Im trying to fight the good fight and truly understand what you are going through also. good luck on whatever path you decide to take =)

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The squeaky wheel technique works. I am on probation until June, and am a registered patient. I have no tests, still drive, still medicate, and have no issues with the locals. It's going to be local interpretation ( read: local LEO opinion ) that determines a lot in the next few years. Push the interpretation in the direction you want it to go; it really does work, especially if you are noisy enough about it and stay within the wording of the law.

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As an attorney, I would think you would know that the terms of the probation were requested by the system, but the you have the terms prior to the judge issuing a confirmation. I don't remmber the time frame but you have a certain amount of days/hrs from that time to challenge the terms before the judge signs, attorney ( his) failed him... They shuffle, you hop. That's the justice system......I Like the loud and proud voice. Even if I sit inside for awhile just to be heard. We all know it happens.....Every news paper in the country that will take the email....PUSH...Look special commtitee meeting now, 04/15/10... To answer the slow or lack of issuing cards.......Happy trails...

PS: if you voice, tread within the laws cause veryone in the state will stop you to make sure your clean while driving and alike......We call it harrassment, they call it justice........LOL

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im on probation and allowed to use, my p.o dont like it but the judge must not agree, i got violated for testing pos for thc, and the judge thru it out when he got a real copy of my card,,paper didnt work, Im not sure if a law covers you while on probation, but if it says no use of illeagle substances on his terms of probation, i would think you have a defense because as a card holder mm is not an illegal substance for him!

Good luck, been there done that!



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I would push it forward with the media first, and then see what happens. Get with the other lawyers here on the site. Look what happened with the Walmart situation. It's you guys life, but once the media and real people get behind this, these back room situations where someone is that ill, tend to take on a life on their own. Ten to one you beat this P.O. and are back to original ruling faster than think. You might not have to be a test case at all. We all need the positive media right now we can get and this situation seems like a slam dunk to me, if your up for it, go for it.

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if push comes 2 shove keep your green card:]-and ask the judge for a restricted drivers id give him the times you will be driving and reasons why for example judge i have 2 go 2 work doctor etc and he will budge.consult your lawyer?? write your judge a letter and ask him for your restricted.it worked for me.until they cut my tether off for one little dirty urine 10 years ago:[ a new beginning in the end of the world .............

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