Meeting With Judge To File Motion To Use On Probation

[Michigandr]

I have a date set for the 19th to meet with the judge to file a motion to change my probation terms to allow for medical use while on probation. During my sentencing my previous self medication was brought up and the judge asked if I had my card and I didnt at the time but I am currently waiting for it it the mail it has been almost 4 months and I should have it by the 19th. I was wondering what points I should bring up and/or how I should go about stating my case. I got my card for back pain but it also helps with depression and anxiety. Thanks

[solabeirtan]

Technically you shouldn't even need the card if you have copies of your info, Doctors Recomendation, Application form, Cancelled check ? Cert Mail Recpt ?

 

You said you had already discussed it with the Judge previously. You must have discussed your reasons / infirmities ? Long as that's clear, your legal. Good Luck Mi.gandr !

[Michigandr]

Technically you shouldn't even need the card if you have copies of your info, Doctors Recomendation, Application form, Cancelled check ? Cert Mail Recpt ?

 

You said you had already discussed it with the Judge previously. You must have discussed your reasons / infirmities ? Long as that's clear, your legal. Good Luck Mi.gandr !

 

I was planning on just showing him a copy of my paperwork and what not until I had to wait 3 months to meet with him and figured I might as well try to make sure I have my card in hand. He knows a little bit about my self medication but if he remembers I dont know.

[trix]

Curious what county, and Judge?

Just curious, cause I'm in court pending my outcome soon in Macomb county, heard by David Viviano. and he ordered that I sustain from the use of MM as a bond restriction...

After that he stated that he needed more medical info to release this restriction. no problem. once we provided a detailed letter from my physician stating why its necessary to use vrs not, he stated on record that he would lift. YAY!!!

BUT NO the prosecutor interjected and said this is against the law FEDERAL law to allow the use of cannabis and the motion was denied. currently still testing 5 panel test 2x's weekly.

Good luck Hope your outcome is in your favor,

Trix

[+mayorherb]

Curious what county, and Judge?

Just curious, cause I'm in court pending my outcome soon in Macomb county, heard by David Viviano. and he ordered that I sustain from the use of MM as a bond restriction...

After that he stated that he needed more medical info to release this restriction. no problem. once we provided a detailed letter from my physician stating why its necessary to use vrs not, he stated on record that he would lift. YAY!!!

BUT NO the prosecutor interjected and said this is against the law FEDERAL law to allow the use of cannabis and the motion was denied. currently still testing 5 panel test 2x's weekly.

Good luck Hope your outcome is in your favor,

TrixHow can a county Judge or County prosecuter Up _hold a Federal Law? Last i knew they didnt get pay from the federal goverment.

[trix]

Herb,

Believe me buddy I'm shaking my head and pissing in a cup still, I don't get it either but thats what is happening!!!

Trix

[Michigandr]

I know some people on hear that are on probation that are allowed to use, I need to get in touch with them and find out what counties and Judges/probation officers are allowing this so i can point it out in court. If anyone has any info on such things let me know please. Or if you have any ideas of how I should present my case. Thanks!

[Michigandr]

I have a date set for the 19th to meet with the judge to file a motion to change my probation terms to allow for medical use while on probation. During my sentencing my previous self medication was brought up and the judge asked if I had my card and I didnt at the time but I am currently waiting for it it the mail it has been almost 4 months and I should have it by the 19th. I was wondering what points I should bring up and/or how I should go about stating my case. I got my card for back pain but it also helps with depression and anxiety.

 

I am also looking for information on counties allowing medical use while on probation and more specifically judges and probation officers allowing use on probation. Thanks in advance! Any info with help greatly appreciated especially if you can point me in the direction of someone currently on probation and allowed to use..

 

I only have about a week to get my "case" together so thanks again!

[trix]

Again sorry to hear, I can only suggest calling MDCH, and see how they may be able to assist you. maybe they can fill you in w/ ANYTHING you don't already.

Good luck!!!!

let me know so I can approach my lawyer in my own case with the use of MM.

 

Celeste Clarkson, Compliance Section ManagerHealth Regulatory Division, Bureau of Health Professions

P.O Box 30083

Lansing, Michigan 48909

Telephone: 517.373.4992

517-241-4337 that is mellisa's direct line (per Jim's post)

Trix

[Michigandr]

Bump

[jtgeme]

I addressed a similar issue for a client in Macomb County. Originally, my client's probation officer took a bit of a hard-lined stance, but my client produced his paperwork (still waiting on his license) and his probation officer has yet to issue a probation violation.

 

Anticipating a violation, I contacted the prosecutor, and chatted with him. The judge, in this matter, would have likely accepted my client's paperwork, and allowed my client to continue using despite his probationary status. To date, my client has not been cited for violating his probation, so whether the judge would have actually found him guilty of a violating his probation is unknown.

 

I am hesitant to disclose the name of the prosecutor and judge because this may not be consistent for everybody and I would hate to have somebody rely on this situation and have it turn out differently than expected.

 

Its important that you understand that each situation is unique, and the resolution of one case does not automatically mean that it will be the same for all.

 

If you would like to chat directly, and confidentially, my contact info is below.

 

Good luck.

[Michigandr]

I addressed a similar issue for a client in Macomb County. Originally, my client's probation officer took a bit of a hard-lined stance, but my client produced his paperwork (still waiting on his license) and his probation officer has yet to issue a probation violation.

 

Anticipating a violation, I contacted the prosecutor, and chatted with him. The judge, in this matter, would have likely accepted my client's paperwork, and allowed my client to continue using despite his probationary status. To date, my client has not been cited for violating his probation, so whether the judge would have actually found him guilty of a violating his probation is unknown.

 

I am hesitant to disclose the name of the prosecutor and judge because this may not be consistent for everybody and I would hate to have somebody rely on this situation and have it turn out differently than expected.

 

Its important that you understand that each situation is unique, and the resolution of one case does not automatically mean that it will be the same for all.

 

If you would like to chat directly, and confidentially, my contact info is below.

 

Good luck.

 

Thanks for the input. I am pretty sure there is another case in Macomb County where a probationer was allowed to use I am still trying to get in touch with this person. If you have any other advice/input I would appreciate it.

[solabeirtan]

I was on Probation 3/09 - 10/09, Livingston Co. , No drug testing, I only had Drs Recomendation, MDCH Application, eventually I produced the card. Case Dismissed.

[Michigandr]

I was on Probation 3/09 - 10/09, Livingston Co. , No drug testing, I only had Drs Recomendation, MDCH Application, eventually I produced the card. Case Dismissed.

 

OK cool, if you dont mind me asking who was the judge and who was the Probation officer?

[lawyercaregiver]

So just my random thoughts here, but first, I think a judge can clearly allow you to use on probation- or prohibit you from using on probation. It is what we call discretionary.

 

Second, whether it is allowed (or not) should depend more on the specific circumstances of the case rather than the location of the court or even the particular judge. Of course we know otherwise but lets just go with it for now. Even an Oakland County judge would likely allow a terminal cancer patient losing weight and sick from chemo to use on probation.

 

The problem is all these less than clear cases. I say less than clear for purposes of employing the medical use exception to change probation terms. The MMMA set up a very broad net so that people who receive some benefit from marijuana can also use legally even though they would not necessarily die the next day if they don't hit the vaporizer. So the standard for using on probation is very, very different, and very much higher, than the standard for getting your card.

 

Finally, the fact you got the card AFTER the arrest is pretty damning evidence against the proposition that you have a valid medical use exception (IMHO).

 

Now back to reality. Obviously a lot of judges will blanket allow you to use if you have your card and other judges will almost never allow.

[bobandtorey]

I have a date set for the 19th to meet with the judge to file a motion to change my probation terms to allow for medical use while on probation. During my sentencing my previous self medication was brought up and the judge asked if I had my card and I didnt at the time but I am currently waiting for it it the mail it has been almost 4 months and I should have it by the 19th. I was wondering what points I should bring up and/or how I should go about stating my case. I got my card for back pain but it also helps with depression and anxiety. Thanks

 

did you get your card yet? i guess it did not go good for you it is sad that a judge thinks he is a Doctor