In Need Of Advice

[rand al'thor]

Okay, so I have had shoulder problems for 6+ years with my shoulder, had 3 surgeries on it and it still kills me. Doctors tell me I'm pretty much screwed and stuck with it for life so I've accepted that fact, but the pain is still quite severe most times. I also tore my MCL 2 1/2 years ago so my knee gives me problems as well. In January I was charged with a misdemeanor for use of marijuana and put on a year probation. However, I lost insurance months ago and can't obtain it through my job until the enrollment period in January. Even if I could, I hate pain killers. Number one I've seen too many people get addicted to that stuff and it's not for me. Second, it doesn't help my pain, just causes nausea on top of other problems. So this last weekend I recently went to get certified for medical marijuana and the doctor saw my medical records and everything and I told him marijuana has brought me relief (which it has) and he signed my papers. I just sent in to the state for my card, but here lies my problem: How big of an issue is my probation? I've looked up the MMMA and it clearly states that if you have this certification that you cannot be arrested and such for the use of it. Also, by my reasoning, how is this any different than me going to the doctor and him prescribing god-awful vicodin to me? and then they find narcotics in my system, whereas I would just tell them "here, I have a prescription." It seems like this would work the SAME way. I've also looked on other forums where I found people who say stay quiet and some people say definitely bring it up to your PO. I would like to just keep it quiet and get off probation without ever dealing with it. I'm also quite afraid that if I DO bring it up, it could be taken away and I'll get in trouble again and blah blah blah. I just want to take my medicine and mind my own business. That's it. Help?

[MaryJ]

Okay, so I have had shoulder problems for 6+ years with my shoulder, had 3 surgeries on it and it still kills me. Doctors tell me I'm pretty much screwed and stuck with it for life so I've accepted that fact, but the pain is still quite severe most times. I also tore my MCL 2 1/2 years ago so my knee gives me problems as well. In January I was charged with a misdemeanor for use of marijuana and put on a year probation. However, I lost insurance months ago and can't obtain it through my job until the enrollment period in January. Even if I could, I hate pain killers. Number one I've seen too many people get addicted to that stuff and it's not for me. Second, it doesn't help my pain, just causes nausea on top of other problems. So this last weekend I recently went to get certified for medical marijuana and the doctor saw my medical records and everything and I told him marijuana has brought me relief (which it has) and he signed my papers. I just sent in to the state for my card, but here lies my problem: How big of an issue is my probation? I've looked up the MMMA and it clearly states that if you have this certification that you cannot be arrested and such for the use of it. Also, by my reasoning, how is this any different than me going to the doctor and him prescribing god-awful vicodin to me? and then they find narcotics in my system, whereas I would just tell them "here, I have a prescription." It seems like this would work the SAME way. I've also looked on other forums where I found people who say stay quiet and some people say definitely bring it up to your PO. I would like to just keep it quiet and get off probation without ever dealing with it. I'm also quite afraid that if I DO bring it up, it could be taken away and I'll get in trouble again and blah blah blah. I just want to take my medicine and mind my own business. That's it. Help?

First of all let me say I know of a few cases like yours. Being on probation is worse than going to jail. Let me ask you this are you in soberty probation? I know of two cases where they were in soberity court. 1 Case allowed them to use MMj BUT took his licence from him TOTAL moo-poo!!! The second case WAS NOT allowed to use his medicine (MMJ) but was allowed to take as many vicodine pills as he wanted TOTAL moo-poo.

The way I see it is this is a doctors recomdation, this is my medicine!! I challenge a court to deny me of my medicine!!!! I know this would cost me some $$$$$ to defend myself but this would surely be a test case that i would be willing to take. Also let me add that and court can request that your MMJ licence be revoked.

Question: 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.

Hope this post has helped you in someway, Good luck Please let us know what you decide and what the courts say. Keep us posted.

Peace,

Mary J

[rand al'thor]

First of all let me say I know of a few cases like yours. Being on probation is worse than going to jail. Let me ask you this are you in soberty probation? I know of two cases where they were in soberity court. 1 Case allowed them to use MMj BUT took his licence from him TOTAL moo-poo!!! The second case WAS NOT allowed to use his medicine (MMJ) but was allowed to take as many vicodine pills as he wanted TOTAL moo-poo.

The way I see it is this is a doctors recomdation, this is my medicine!! I challenge a court to deny me of my medicine!!!! I know this would cost me some $$$$$ to defend myself but this would surely be a test case that i would be willing to take. Also let me add that and court can request that your MMJ licence be revoked.

Question: 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.

Hope this post has helped you in someway, Good luck Please let us know what you decide and what the courts say. Keep us posted.

Peace,

Mary J

 

Mary, thank you for your advice and case examples. See, that revocation of my card is exactly what I fear. Well, as far as probation, I'm on random drug testing. However, I haven't been called by my PO this whole time (knock on wood) so I think I'm just going to keep on like I have and not bring it up unless I have to. Also, while waiting for replies on this thread I noticed a poster from Rochester that said his PO ended up just telling the testing place not to test for marijuana and that she couldn't do anything about him smoking it. That seems like the way it SHOULD be..I mean I know they can do pretty much what they want, but it seems like based on the circumstances they couldn't just prosecute me right off the bat.

[MaryJ]

Mary, thank you for your advice and case examples. See, that revocation of my card is exactly what I fear. Well, as far as probation, I'm on random drug testing. However, I haven't been called by my PO this whole time (knock on wood) so I think I'm just going to keep on like I have and not bring it up unless I have to. Also, while waiting for replies on this thread I noticed a poster from Rochester that said his PO ended up just telling the testing place not to test for marijuana and that she couldn't do anything about him smoking it. That seems like the way it SHOULD be..I mean I know they can do pretty much what they want, but it seems like based on the circumstances they couldn't just prosecute me right off the bat.

Yes they could sanction you for sure if they wanted. What about sinthedic (unsure of spelling) urine?? Have you checked into that?

As for them revoking your card, I truely doubt any courts know they can do this as they are truely uneducated, just look at all the test cases!

Peace,

Mary J

[jmorrison71]

DON'T use fake urine, device, etc. if you are being drug tested through the court system. Most if not all district courts have their clients drug tested at agencies that observe the client urinating. If you are caught adulterating a drug test sample with fake urine it is considered being fraudulent in the courts eyes. It's a big f-u to a judge when that happens. In places that you aren't observed providing the urine specimen you can sometimes get away with using someone elses urine, device, etc but usually not if it's observed testing.

 

Department of Corrections testing is always monitored by the probation/parole agent or drug testing agent.

 

As far as mentioning to your PO about your MM use, I would first want to know what the atmosphere of the court is about MM. Every district court is treating people different when it comes to MM. Speak with a local attorney that practices out of the court you where you are on probation. He/she probably knows how the judges feel about MM use. A consult with an attorney should not cost you anything but I would ask first before meeting with the attorney.

[peanutbutter]

Question: 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.

 

This looks like one of the Q&A questions from the MDCH site.

 

There are very distinct reasons in the law to revoke a mmj ID card. A court order is not one of them.

 

The MDCH likes to give government more authority than the people gave it.

 

Then comes the item of a probation violation. If that takes place you go in front of the judge. The prosecutor presents the case and you are allowed to defend yourself. If the prosecution involves marijuana, then the AD is activated.

 

"In ANY prosecution involving marihuana"

 

Once the AD is activated, then three items need to be true. If those things are true then "the case SHALL be dismissed." "Shall" is an absolute. There's no "may" or "maybe" involved. It is REQUIRED BY LAW THAT THE CASE BE DISMISSED.

 

In this context both the MDCH and (some) courts are not following the law.

 

That said .. it costs a lot of money to be right.

[jmorrison71]

The thing to remember is that for most if not all probation violations in court the prosecuting attorney does not get involved. The probation agent is the person responsible for monitoring the court order of probation so he/she is the person motioning the court with a showcause hearing. Once a person is found guilty or agrees to a plea deal in court the prosecuting attorney pretty much never deals with the case again. Now for some felony cases or really high profile cases the prosecuting attorney will get involved if a probation violation occurs but for the most part the prosecutor never does a thing when the person is on probation.

 

The AD defense may be something that can be used for a probation violation but that would be something an attorney would be needed for. I don't know of any cases where it has been used during a probation violation hearing but that could be just my lack of knowledge on that.