Probation Question?

[ChefBoyLp]

Got arrested a couple months ago...got certified a week later after getting arrested...been certified for 3 months now...still waiting for the card...went to court today...still got a year probation and random drug testing...should I just bring my certification or card and show it to my P.O. And hopes she don't give me test even though having the card says that I can

[cme1978]

good ?

[hcubbyhill]

Your card does not automatically protect you on probation. They can drop you, You can fail, and you can be re-sentenced or get a probation violation. You need to make the Court aware of your card status and then the Judge can make a order on if you can use or not. He/She does have the discretion to tell you that you can not use until you are off probation. A probation officer may tell you it is alright but remember in the long run it is up to the judge.

 

My link

 

 

Can I use marihuana while on parole/probation if I have an MMMP card?

Answer: The authorities that are responsible for your probation/parole/post-prison supervision can impose restrictions on your possession and use of medical marihuana as a condition of your supervision, even if you have a valid MMMP card. Most offenders' supervision is subject to an "obey all laws" condition. Since marihuana possession and use is illegal under federal law, supervisory authorities can sanction an offender for possessing marihuana, even if he or she has an MMMP card. Sanctions could result in your arrest and return to jail. If you are on probation, parole, post-prison supervision, or other form of conditional supervision for conviction of a crime, you should consult with your parole and probation officer regarding whether your possession or use of marihuana may subject you to sanction for violation of the conditions of your supervision." The MMMP will revoke the card of a cardholder if a court issues an order that prohibits the cardholder from participating in the medical use of marihuana or otherwise participating in the MMMP.

[phaquetoo]

I got cerified while i was on probation, I sent my p.o my paper work, I pissed neg for thc, methadone and xanax, my p.o violated me for thc!!!! lol, I went to court and showed the judge all of my paperwork, I did not have my plastic yet, I told the judge at the time it was taking 95 days to get cards. he looked at the date my check was cashed and added the days together, he gave me the 95 days from check cashed to show my card or report to jail, I got my card in time faxed a copy and medicated all i wanted to, I pee peed neg the rest of the time for thc, and much to my p.o's dismay she couldnt do anything cause the judge followed the law, I guess i was lucky, they realy dont have to let you do mm on probation,,but I dont see why they would let me do methadone,xanax,flexeril,serequel,motrin, and a number of other drugs!

I hope you get a judge that is mm friendly like i did in alpena county!

Good luck!

Peace!

Jim

[peanutbutter]

He/She does have the discretion to tell you that you can not use until you are off probation.

 

This would be true for any substance except for marijuana.

 

As a drug, marijuana now has completely different sets of rules that any other.

 

For marijuana: If you get brought into court you have to show just three things and the judge is required to dismiss the charges.

 

Marijuana is the only substance that has such protections.

[phaquetoo]

Your card does not automatically protect you on probation. They can drop you, You can fail, and you can be re-sentenced or get a probation violation. You need to make the Court aware of your card status and then the Judge can make a order on if you can use or not. He/She does have the discretion to tell you that you can not use until you are off probation. A probation officer may tell you it is alright but remember in the long run it is up to the judge.

 

My link

 

 

Can I use marihuana while on parole/probation if I have an MMMP card?

Answer: The authorities that are responsible for your probation/parole/post-prison supervision can impose restrictions on your possession and use of medical marihuana as a condition of your supervision, even if you have a valid MMMP card. Most offenders' supervision is subject to an "obey all laws" condition. Since marihuana possession and use is illegal under federal law, supervisory authorities can sanction an offender for possessing marihuana, even if he or she has an MMMP card. Sanctions could result in your arrest and return to jail. If you are on probation, parole, post-prison supervision, or other form of conditional supervision for conviction of a crime, you should consult with your parole and probation officer regarding whether your possession or use of marihuana may subject you to sanction for violation of the conditions of your supervision." The MMMP will revoke the card of a cardholder if a court issues an order that prohibits the cardholder from participating in the medical use of marihuana or otherwise participating in the MMMP.

 

 

Marijuana! that is what we english speaking people call it!

[hcubbyhill]

This would be true for any substance except for marijuana.

 

As a drug, marijuana now has completely different sets of rules that any other.

 

For marijuana: If you get brought into court you have to show just three things and the judge is required to dismiss the charges.

 

Marijuana is the only substance that has such protections.

 

 

Agree with you PB but are you taking into account the Probation aspect of this. The question was would he be allowed to use well on probation. Not that he was trying to get charges dismissed. Those are 2 very different situations. No where does it say a judge has to allow you to use MM well you are on probation if you have a card. Just like they can make you abstain from pain killers they can and do make people even with a card abstain from use while on probation.

[hcubbyhill]

Marijuana! that is what we english speaking people call it!

if I spelled it wrong blame the MDCH I copied it all from them.

[phaquetoo]

if I spelled it wrong blame the MDCH I copied it all from them.

 

 

all good there all foreigner's lol!

[peanutbutter]

No where does it say a judge has to allow you to use MM well you are on probation if you have a card. Just like they can make you abstain from pain killers

 

Yes they can tell you to not take pain killers .. I agree.

 

No they can not tell you to avoid marijuana. Marijuana is unique this way.

 

The charge would be violation of probation.

 

The law is very clear. If you are in court for anything related to marijuana, the new law applies.

 

Note that the new law does not say "if you are in court for anything related to vicoden." nope .. nada .. not there. So the judge can find you in violation of probation for the pain killers.

 

But that's not the case with marijuana. Marijuana is special .. it has it's very own law that is different than anything else.

[ChefBoyLp]

I got cerified while i was on probation, I sent my p.o my paper work, I pissed neg for thc, methadone and xanax, my p.o violated me for thc!!!! lol, I went to court and showed the judge all of my paperwork, I did not have my plastic yet, I told the judge at the time it was taking 95 days to get cards. he looked at the date my check was cashed and added the days together, he gave me the 95 days from check cashed to show my card or report to jail, I got my card in time faxed a copy and medicated all i wanted to, I pee peed neg the rest of the time for thc, and much to my p.o's dismay she couldnt do anything cause the judge followed the law, I guess i was lucky, they realy dont have to let you do mm on probation,,but I dont see why they would let me do methadone,xanax,flexeril,serequel,motrin, and a number of other drugs!

I hope you get a judge that is mm friendly like i did in alpena county!

Good luck!

Peace!

Jim

my judge isn't so nice...I'm in Oakland county...farmington hills to be exact...its pretty bad out here when it comes to this...I dunno what to do cuz I have back and neck pain, anxiety, a.d.d...so marijuana is the best medicine I think...I don't want to start taking pain killers cuz I've seen what it does to people...I don't drink at all...this blows

[jmorrison71]

my judge isn't so nice...I'm in Oakland county...farmington hills to be exact...its pretty bad out here when it comes to this...I dunno what to do cuz I have back and neck pain, anxiety, a.d.d...so marijuana is the best medicine I think...I don't want to start taking pain killers cuz I've seen what it does to people...I don't drink at all...this blows

 

It's the not the "do not use ....." part of terms of probation that is the issue with medical marijuana use, it is the first condition that states "shall not violate any criminal law or any unit of government." Basically it allows the judge a way of saying that medical marijuana use is illegal per federal law. A judge would have a very hard time ordering someone to not take their prescribed medication. I'm sure it has happened but it wouldn't stand up very well in appeals...if the defendant appealed.

[christinax4]

who is ur judge?

[ChefBoyLp]

who is ur judge?

Judge Brody

[peanutbutter]

Well .. the law says the case must be dismissed.

 

It does not say "if the judge feels like it."

 

Now sometimes judges don't care what the law says. Sometimes they have never looked at the law and will rule anyway.

 

That is your risk. Do you have a judge that doesn't care what the law says?

 

If so, winking at a traffic cop can get you life in prison.

[Ionic7]

Am i the only one that thinks people should think? Read the first post he got certified after he got arrested, he is only doing it as a cop out to try and save his own hide, enjoy your probation and fail all of your drug tests for being ignorant, if you really NEEDED it you would have gone with out till you got at least your certificate. People like you abusing the system are just screwing us over.

[peanutbutter]

Am i the only one that thinks people should think? Read the first post he got certified after he got arrested, he is only doing it as a cop out to try and save his own hide, enjoy your probation and fail all of your drug tests for being ignorant, if you really NEEDED it you would have gone with out till you got at least your certificate. People like you abusing the system are just screwing us over.

 

The law only requires that you have your letter from your doctor before you can get in front of the judge.

 

It is completely legal to get your doctors letter after being arrested. And if you do so the law requires the charges to be dismissed.

 

Don't like it? Then gather petition signatures like we did. Put it to the voters.

 

They always said "If you don't like the law, then work to change it."

 

http://www.youtube.com/watch?v=kmrtVCohlaU