Asking Probation Officer About Medicating

[Michigandr]

I am going to meet with my po. I havent been medicating. I just became a patient and havent met with him sense. I was just gonna say "I got a recommendation for medical marijuana and registered with the state, I just wanted to make sure i wouldnt get a violation for testing positive for thc" Do you think that is a good way to go about it or should i say something different???

[jmorrison71]

I am going to meet with my po. I havent been medicating. I just became a patient and havent met with him sense. I was just gonna say "I got a recommendation for medical marijuana and registered with the state, I just wanted to make sure i wouldnt get a violation for testing positive for thc" Do you think that is a good way to go about it or should i say something different???

 

What are you on probation for and where? Both of those things could make a difference for you.

[Michigandr]

What are you on probation for and where? Both of those things could make a difference for you.

 

Reckless driving, Lansing area...

[jmorrison71]

Are you assinged to random drug testing or are do you just have a condition of probation that says "can't use or possess any illegal drugs..blah blah blah?"

[Michigandr]

Are you assinged to random drug testing or are do you just have a condition of probation that says "can't use or possess any illegal drugs..blah blah blah?"

 

I am taking 1 random test every week...

[Kingdiamond]

I am taking 1 random test every week...

Was this reckless driving charge a plea reduced dui or anything?

 

If you have mandated drug testing i doubt very highly that the probation department will allow you use your medicine but on a brighter note i have seen a select few who have mentioned that their probation officers allowed it so good luck.

[me7784]

You are asking for trouble! IMO..

[smokeythebear]

are they going to charge you with "thinking about smoking" if you ask? nope, so whats it hurt to ask? if you'r all ready dropping i'd guess your clean.

 

we have like 3 main POs in town i know people who have them and outta the 3 only one said no go, the others said as long as you have your stuff to say your legal then they wont pee test.

[Grow Thread]

I am going to meet with my po. I havent been medicating. I just became a patient and havent met with him sense. I was just gonna say "I got a recommendation for medical marijuana and registered with the state, I just wanted to make sure i wouldnt get a violation for testing positive for thc" Do you think that is a good way to go about it or should i say something different???

 

get with jipo. he's a good guy and will help you out if he can.

 

he went through the same thing with his p.o........ then ended up being dirty (i think i have all my facts right). his p.o. tried to violate him. jipo went to court and won.

 

jipo : http://michiganmedic...user/6151-jipo/

 

his thread on it: http://michiganmedic...157#entry184157

[phaquetoo]

I am going to meet with my po. I havent been medicating. I just became a patient and havent met with him sense. I was just gonna say "I got a recommendation for medical marijuana and registered with the state, I just wanted to make sure i wouldnt get a violation for testing positive for thc" Do you think that is a good way to go about it or should i say something different???

 

 

I had non reporting probation urine screen 1 time a month, as soon as i got legal, I sent the po the paperwork, and went and peed dirty for thc, she violated me, I went to court and won! alpena county, I got to use mm the whole time i was on prob and still got tested, they just didnt violate me any longer for thc in my system!

 

Mine was for drunk driving!

 

Hope this helps

 

Peace

FTW

Jim

[Michigandr]

Thanks for the input, i talked to jipo back when i was first thinking about it he had a similar thing as phqutoo. I hope it works out. Any more input would be cool.. Thanks guys

[Guest Mr_smith]

I would site your medical condition and assure them you went to a legitimate doc.

[jmorrison71]

If you're on a random testing schedule then I would bring it up to your PO before you test positive. They can't violate you for asking but they may initiate a show cause proceeding if you test positive or if the court your in has a probation policy that you're in violation of federal law by using medical cannabis. I haven't heard of any Lansing district courts with that stance but it's not to say they wouldn't.

[Michigandr]

I told my po today that I got a doctors recommendation and registered with the state and that I wanted to make sure I wouldnt get a violation for testing positive for thc. He said that I couldnt use because u have to have ur card before sentencing or something like that to be able to use on probation. He also made some comment about how anyone who is 21 can drink but that doesnt mean that they can drink on probation which I replied to with the fact that its medical use... He also said something along the lines of "I think youll see some changes in that law" which irritated me, because he obviously is against the act and most likely hasnt read the law or he would know that there isnt much that needs to be changed if anything.

 

Long story short I asked him if he could set it up so that I go in front of the Judge and try to get my probation terms changed so I can use medical marijuana. He told me that most likley what would happen is that they would just let me off probation but I would loose my HYTA (Holmes Youthful Trainee Act) which keeps charges off my record after completing probation. But when i got in trouble i got some bs Obstruction of Justice charge and I dont want it on my record. I am wondering what the best way to state my case in front of the judge would be. I know there are two other people on this site that had to go in front of a judge to fight a violation for medical marijuana and won but i am just filing a motion.

 

Any help greatly appreciated..

[jmorrison71]

If you lose HYTA whatever you were convicted of will go on your criminal history. Any violation of probation could result in your HYTA status being removed if you are found guilty of violating your conditions of probation. It sounds like the judge this paticular PO is working for is not in favor of medical marijuana.

 

You're going to have to make a hard choice on what you need to do from here as far as continuing to use mmj while probation. I would advise contacting an attorney if your probation is violated and if you decide to try and get your probation conditions amended. Remember a probation officer is only capable of making a recommendation to the judge on what your sentencing should be. A judge is the only person that has final say in your sentencing.

[kgb69ss]

How can any p.o. or judge say what medicine you can or cannot use when a doctor, in a bona fide patient / physician relationship, decided that you would receive palliative benefit from marijuana to treat qualifying conditions or relieve side effects from treatments of the debilitating disease, in a state where voters initiated our law and got it passed 2:1. That's a perfect example of a person using his position of power over others to express his personal attitude toward the law. In fact the law specificly addresses this saying qualifying patients and caregivers " shall not be prosecuted for the medical use of marijuana if in compliance with this act." It doesnt say "unless youre on probation"! Its not up to him to say yes or no, that decision had already been made for him by your doctor and theMDCH! Its a shame that certain individuals seem to think they (po's, cops, pa's, and judges) can misinterpret the law, or add their own rules as they go. In reality , the mmma is an act that superceeds others that conflict with it so as to protect the patient from prosecution. Just because you're on probation, doesn't mean you automatically loose your rights that are gauranteed by the act. You could make a real production out of this and set a precedent in court so that no other patient will ever have to ask a po if they can use their medicine of choice! Go for it! Be confident that the law will protect you from prosecution like it says! Good luck and God bless! Shalom!

[Michigandr]

How can any p.o. or judge say what medicine you can or cannot use when a doctor, in a bona fide patient / physician relationship, decided that you would receive palliative benefit from marijuana to treat qualifying conditions or relieve side effects from treatments of the debilitating disease, in a state where voters initiated our law and got it passed 2:1. That's a perfect example of a person using his position of power over others to express his personal attitude toward the law. In fact the law specificly addresses this saying qualifying patients and caregivers " shall not be prosecuted for the medical use of marijuana if in compliance with this act." It doesnt say "unless youre on probation"! Its not up to him to say yes or no, that decision had already been made for him by your doctor and theMDCH! Its a shame that certain individuals seem to think they (po's, cops, pa's, and judges) can misinterpret the law, or add their own rules as they go. In reality , the mmma is an act that superceeds others that conflict with it so as to protect the patient from prosecution. Just because you're on probation, doesn't mean you automatically loose your rights that are gauranteed by the act. You could make a real production out of this and set a precedent in court so that no other patient will ever have to ask a po if they can use their medicine of choice! Go for it! Be confident that the law will protect you from prosecution like it says! Good luck and God bless! Shalom!

 

I totally agree with you. If you have any other certain points from the law that I should bring to light let me know. I was also thinking about the part of the law that says that any other law that conflicts with the MMMA does not apply, such as terms of my probation that say I cant violate any state or FEDERAL law.

 

Thanks for the input

[greenbuddha]

I totally agree with you. If you have any other certain points from the law that I should bring to light let me know. I was also thinking about the part of the law that says that any other law that conflicts with the MMMA does not apply, such as terms of my probation that say I cant violate any state or FEDERAL law.

 

Thanks for the input

 

If they DID allow you to use your 'meds' if you 'DUI' again for WHATEVER reason, over medicated, alcohol inebriation, you name it, expect them to put your a** so far back in the slammer that even GOD will forget about you. And they'll do it just to prove a point to the MMJ community.

 

And IMHO if you DUI'd again I'm not so sure they could be blamed for doing it.

 

Responsibility for my actions? What the hell is that all about?

 

And yes, that's the way I feel about it.

[Michigandr]

If they DID allow you to use your 'meds' if you 'DUI' again for WHATEVER reason, over medicated, alcohol inebriation, you name it, expect them to put your a** so far back in the slammer that even GOD will forget about you. And they'll do it just to prove a point to the MMJ community.

 

And IMHO if you DUI'd again I'm not so sure they could be blamed for doing it.

 

Responsibility for my actions? What the hell is that all about?

 

And yes, that's the way I feel about it.

 

Thanks for the common sense refresher... I was hoping for more positive feedback, maybe something I hadn't thought of. If I can use the internet and type sentences I prolly know what happens when you get a DUI. Which I've never had.

[+RevThad]

I totally agree with you. If you have any other certain points from the law that I should bring to light let me know. I was also thinking about the part of the law that says that any other law that conflicts with the MMMA does not apply, such as terms of my probation that say I cant violate any state or FEDERAL law.

 

Thanks for the input

The key argument, about the violating state or Federal laws, is that you are a registered patient and therefore not breaking state law by using for medical purposes, and that even if you were in violation of Federal law the state/county court with all due respect cannot enforce it.

 

Be warned, that you should consult an attorney on any of those arguments, and perhaps ask one of the mmj friendly lawyers to sidebar for a court appointed one.

 

There is nothing stopping a judge from finding you in contempt of court either... so tread lightly.

[Michigandr]

The key argument, about the violating state or Federal laws, is that you are a registered patient and therefore not breaking state law by using for medical purposes, and that even if you were in violation of Federal law the state/county court with all due respect cannot enforce it.

 

Be warned, that you should consult an attorney on any of those arguments, and perhaps ask one of the mmj friendly lawyers to sidebar for a court appointed one.

 

There is nothing stopping a judge from finding you in contempt of court either... so tread lightly.

 

Thanks for the input, I did plan on being respectful in court but I forgot about contempt of court. Better start watching law and order...

[jmorrison71]

The key argument, about the violating state or Federal laws, is that you are a registered patient and therefore not breaking state law by using for medical purposes, and that even if you were in violation of Federal law the state/county court with all due respect cannot enforce it.

 

Be warned, that you should consult an attorney on any of those arguments, and perhaps ask one of the mmj friendly lawyers to sidebar for a court appointed one.

 

There is nothing stopping a judge from finding you in contempt of court either... so tread lightly.

 

This is totally true however you have to remember that probation status has as it's first condition "must not violate any criminal law of any unit of government." Some courts are taking that and using it as a tool to stop people from using medical marijuana. The courts always view probation as an alternative to incarceration.

 

I'm not trying to defend the courts here but being on probation or parole does have different circumstances than if the person was not under the jurisdiction of the courts or the Department of Corruption. Every court is treating their probationers differently depending on the individual judge's view on medical marijuana. So in other words if you get placed on probation in Farmington you can probably assume they won't allow you to use medical marijuana but if you are arrested in Grand Rapids it might be a different story.

 

As far as getting a court appointed attorney, I don't believe that option is available if this is only a motion to amend probation. If his probation was violated then it would be an option but not if it is simply a motion to amend. Like I keep saying if you are going to attempt to amend probation I would definately, AT THE VERY LEAST, consult with an attorney. You would also want to get all of your paperwork and anything else that will support your case for using medical marijuana. The judge could ask for supporting documents.

[+RevThad]

This is totally true however you have to remember that probation status has as it's first condition "must not violate any criminal law of any unit of government." Some courts are taking that and using it as a tool to stop people from using medical marijuana. The courts always view probation as an alternative to incarceration.

 

I'm not trying to defend the courts here but being on probation or parole does have different circumstances than if the person was not under the jurisdiction of the courts or the Department of Corruption. Every court is treating their probationers differently depending on the individual judge's view on medical marijuana. So in other words if you get placed on probation in Farmington you can probably assume they won't allow you to use medical marijuana but if you are arrested in Grand Rapids it might be a different story.

 

As far as getting a court appointed attorney, I don't believe that option is available if this is only a motion to amend probation. If his probation was violated then it would be an option but not if it is simply a motion to amend. Like I keep saying if you are going to attempt to amend probation I would definately, AT THE VERY LEAST, consult with an attorney. You would also want to get all of your paperwork and anything else that will support your case for using medical marijuana. The judge could ask for supporting documents.

Great post and advice.

[Michigandr]

This is totally true however you have to remember that probation status has as it's first condition "must not violate any criminal law of any unit of government." Some courts are taking that and using it as a tool to stop people from using medical marijuana. The courts always view probation as an alternative to incarceration.

 

I'm not trying to defend the courts here but being on probation or parole does have different circumstances than if the person was not under the jurisdiction of the courts or the Department of Corruption. Every court is treating their probationers differently depending on the individual judge's view on medical marijuana. So in other words if you get placed on probation in Farmington you can probably assume they won't allow you to use medical marijuana but if you are arrested in Grand Rapids it might be a different story.

 

As far as getting a court appointed attorney, I don't believe that option is available if this is only a motion to amend probation. If his probation was violated then it would be an option but not if it is simply a motion to amend. Like I keep saying if you are going to attempt to amend probation I would definately, AT THE VERY LEAST, consult with an attorney. You would also want to get all of your paperwork and anything else that will support your case for using medical marijuana. The judge could ask for supporting documents.

 

 

Dont you think that section 4 a. Would still be a defense for the "must not violate any criminal law of any unit of government." term of my probation. It clearly states A qualifying patient who has been issued and possesses a registry id card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privlege, for the medical use of marijuana in accordance with this act.

[greenbuddha]

Thanks for the common sense refresher... I was hoping for more positive feedback, maybe something I hadn't thought of. If I can use the internet and type sentences I prolly know what happens when you get a DUI. Which I've never had.

 

O.K.... substitute 'reckless driving' for the 'DUI'.

 

And good luck... how's that for 'positive'?