Asking Probation Officer About Medicating

[jmorrison71]

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.

 

My friend I think you have a defense but I am not a judge. Unfortunately the way things work in the courtroom is that each and every judge has their own biases and opinions on things. You need to back up your defense with some credible evidence, if that is what is needed to convince your judge that you must be allowed to continue your choice of medicine. I hope that things go well for you and it never gets to that point but I also know how judges can be with things that they have already made up their mind on.

 

I would write down some of the information in something that has a logical flow to it. Start with listing your medical condition, then information on where you went for your recommendation, put some information about the law and your defense, and then anything else you think you might need to present in court. List it out like an outline and keep that with you so you can form a discussion with the judge. Remember that the judge has already ruled on your case and told you what you needed to do for your probation conditions. Now you're basically coming back to the judge to ask him/her to amend the conditions. Keep things in a logical format and shoot for the best. The worst thing you could do is not be prepared in court.

[jmorrison71]

Great post and advice.

 

Thank you. I really appreciate the compliment.

 

Hopefully everything goes well for this guy so he can move on with his life and continue to enjoy the benefits from cannabis.

[Michigandr]

My friend I think you have a defense but I am not a judge. Unfortunately the way things work in the courtroom is that each and every judge has their own biases and opinions on things. You need to back up your defense with some credible evidence, if that is what is needed to convince your judge that you must be allowed to continue your choice of medicine. I hope that things go well for you and it never gets to that point but I also know how judges can be with things that they have already made up their mind on.

 

I would write down some of the information in something that has a logical flow to it. Start with listing your medical condition, then information on where you went for your recommendation, put some information about the law and your defense, and then anything else you think you might need to present in court. List it out like an outline and keep that with you so you can form a discussion with the judge. Remember that the judge has already ruled on your case and told you what you needed to do for your probation conditions. Now you're basically coming back to the judge to ask him/her to amend the conditions. Keep things in a logical format and shoot for the best. The worst thing you could do is not be prepared in court.

 

Cool, thanks for all the input.

[jmorrison71]

Keep me posted on what you find out from your PO and feel free to ask me any questions.

[Michigandr]

Will do, thanks

[dazedgeo]

I was on Probation in Rochester for possession and got my cARD SHOWED IT TO MY PO AND SHE PUT IT IN THE SYSTEM AND I WAS ALL GOOD SHE TOLD ME I COULD GO HOME AND GET AS HIGH AS I WANTED. GOOD LUCK

[Michigandr]

I was on Probation in Rochester for possession and got my cARD SHOWED IT TO MY PO AND SHE PUT IT IN THE SYSTEM AND I WAS ALL GOOD SHE TOLD ME I COULD GO HOME AND GET AS HIGH AS I WANTED. GOOD LUCK

 

My po said no, he compared it to everyone that is 21 being able to drink but not while on probation i was like well marijuana is medical use... Interesting sounds like you had a cool po. What do u use medical marijuana for? How long ago where you on probation? How long after you were on probation did u show ur po ur info?

[Michigandr]

Keep me posted on what you find out from your PO and feel free to ask me any questions.

 

I talked to my po today, he said I still dont have a date set but it should be in the next couple days. I asked him what his recommendation to the judge was and of course he said it was that I shouldnt be allowed to medicate.

 

Once a date is set it will be for a motion to change my probation terms to allow use under the act. I asked him how it works, he said I just go in front of the judge and present my "case". In backing up his reasoning for his recommendation he again compared it to people that are 21 being able to drink but not on probation to which I said people dont get a recommendation to drink alcohol and he said he has had people get recommendations for alcohol for certain heart conditions. I dont know... I dont see how a judge can say no as long as I point out Section 4 a.

[lawyercaregiver]

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!

 

 

Because court's and judges are GOD- or did you not get the memo. The course you propose is reckless and dangerous.

 

If I were you, my first priority would be protecting my HYTA status. You can smoke off probation when you live the rest of your life without a criminal record.

 

And yes, judges can and do overrule medical decisions all the making whoopee time. They can order you to stop taking pain meds in court and they can certainly order you to stop taking a 'schedule 1 drug illegal under federal law. So get over it already.

 

Now, there are SOME judges who are sympathetic. We have all seen the extreme cases on TV- you know the old woman who needs to smoke a puff of weed with her last gasping, trembling breath or she will die. If that is your case then by all means present yourself to the judge on a Motion to change terms of probation and HYTA. If it just helps you feel a bit better then feel a bit better after probation.

 

But seriously dude, you really, really need to get yourself a lawyer if your going to do that.

 

Good luck!

[Michigandr]

Because court's and judges are GOD- or did you not get the memo. The course you propose is reckless and dangerous.

 

If I were you, my first priority would be protecting my HYTA status. You can smoke off probation when you live the rest of your life without a criminal record.

 

And yes, judges can and do overrule medical decisions all the making whoopee time. They can order you to stop taking pain meds in court and they can certainly order you to stop taking a 'schedule 1 drug illegal under federal law. So get over it already.

 

Now, there are SOME judges who are sympathetic. We have all seen the extreme cases on TV- you know the old woman who needs to smoke a puff of weed with her last gasping, trembling breath or she will die. If that is your case then by all means present yourself to the judge on a Motion to change terms of probation and HYTA. If it just helps you feel a bit better then feel a bit better after probation.

 

But seriously dude, you really, really need to get yourself a lawyer if your going to do that.

 

Good luck!

 

I understand it would be smart to get a lawyer to help file a motion. But I cant afford it and why if i feel like I can state my case why do I really need to get a lawyer? Worst case scenario I get turned down and get contempt of court for coming off disrespectful, right??? I dont plan i being disrespectful.

[Michigandr]

My probation officer said that the judge ruled against use on probation on a similar case because of the part of the probation terms that say that you cant break any law of any level of government.

[lawyercaregiver]

Actually there is authority that the State courts do not have the right to enforce federal law. I read that from a link somebody posted. There are other reasons the court can give for not letting you use med-marijuana but this is not a very good one.

 

I wouldn't worry to much about being found in contempt of court if you need to defend yourself but your plan to avoid being disrespectful is a good one. They can screw you long before they drop the contempt heavyweight- Oh did I say $30.00 per month for probation.....

 

I meant $60.00.

[phaquetoo]

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.

 

 

if you have get violated. they will have a probation violation hearing! the judge will tell you what you are being violated for, and than ask you if you agree or disagree!

 

You say your honor with no disrespect I have to disagree!

 

Than judge lets you get an attny and you have another hearing on it!

 

I did not tell my po ahead of time i was going to be legal, I only had my paperwork when i was violated!

 

At the time it was taking aprox 92 days to get card, the judge noted when check was cashed, seen if i hadnt recieved a denial letter that i was legal after 20 days with paper work, (when i was asked if i agreed or disagreed, i said i disagree and told the judge why) he looked at the calender and said that im to report to the jail on 92nd day after check cashed, if I dont have my plastic! He stated the reason was he dont know if i had gotten my denial letter, and that there was no way for them to find out!

 

I imediatly started contacting mdch and rattled their p.c's. phones and anything i could do to get my card! I got it about a week before i had to have, faxed a copy to the court (alpena county) got to use my meds the rest of the time, still got urine screened just didnt get violated for It!

 

I prob should have went about it differently, but im sure my po would not have let me! Im a gamblin man so, I took a shot at it!

 

Peace

FTW

Jim