Judge Undermining Mm Law?

[Virego09]

I am seeking someone familiar with a case of precedence.

 

My situation:

I have recently gotten in a little bit of legal trouble resulting in my being in a alcohol recovery program in which I must report to a tether agent to followup on progress. A condition of this program is that I must also submit urine tests for other substances. Wasn't too worried, because the only substance I would come up with is marijuana.

 

My tether agent has not been happy about my usage, but when I asked about medical use protection, she said that it depends on the judge; that some of them will allow it, and some of them wont.

 

If I'm not mistaken, doesn't refusal to recognize a patients right to use medical marijuana go directly against the law? Can a judge pick and choose who they allow to be a patient??

 

My tether agent says that if I continue to come up "dirty" the judge will issue a warrant for my arrest. Wouldn't they be in violation if LEO arrests me for using marijuana despite the fact that I have a medical card???

 

Any cases of precedence?

 

Thanks,

Virego

[+Malamute]

You are at the mercy of the Judge.

 

They may put those conditions on your ability to be tethered instead of in prison. 

 

 A few Judges have allowed it, many have said no use whatsoever.

 

A mercy plea to the Judge is your only option basically if you wish to keep using.

[+Malamute]

Btw, I do not know the conditions placed by the Judge on your ability to be tethered. I would need to see it. But if he said to test for substances via urine, that is the condition you received to not be in jail.... usually.

[+Malamute]

And as always, check your conditions for tether and ask an attorney for clarification. :-)

[phaquetoo]

When you are on probation a judge or p.o can punish you again for using mm on probation, mm is still a schedule 1 which makes it ilegal federaly, people on probation are not allowed to break any  laws fed or state.  and yes some judges may not care if you used mm, I used it while on probation in alpena county,, but my p.o was not happy, when I went in front of the judge he said I could, I know it burned my probation officers arse but the judge is the boss in his court, not the p.o, although most times the judge will side with the p.o!

 

I hope this helped!

 

Peace

Jim

[t-pain]

you gonna have to ask the judge. verrrry nicely.

 

to answer your question, judges can impose anything they want on you.

 

you ever see those news reports about a judge telling a guy to go wear a sign detailing his crime in public?

judges have that power. be happy you dont have to go stand outside with a sign around your neck.

maybe you could fight it in fed court and get to the supreme court.

probably only take you 5 years of lawyer bills.

Edited June 28, 2013 by t-pain

[GrassMonkey]

I would write the judge a letter explaining your situation. Specifically why you need it and what will happen if you don't have it.

 

This worked for me once when I had to dispute a fee they tried to stick me with. I wrote the judge a letter explaining the circumstances and he dismissed the fees.

[Celliach]

Except that the federal government doesn't recognize MMJ so the Supreme Court will do nothing for you.

[trix]

I wasn't on a tether, but was awaiting my sentencing date.. and the Judge ordered me to refrain from the use of MM, knowing I was clean from any and all opiates and was dependent on those substances.

He thought the use of MM was a joke and opiates fit me better.. He is now on the Supreme Court.. Judge Viviano.

The court can do whatever they want, hopefully you get a good Judge.

Not using MM is better than being in prison.. where you can't use it anyways.

[Virego09]

So if I had a regular script for, say, vicodin-- which is a controlled opiate-- the judge could punish me for taking a perscription issued by a doctor?? I realize there's a difference because of the gray area that MM falls in, but it still doesn't seem right.

[+Malamute]

It definitely isn't justice that is for sure. 

[t-pain]

but it still doesn't seem right.

 

WELCOME TO AMERICA!

[Celliach]

but it still doesn't seem right.

 

Welcome to life, 

[phaquetoo]

So if I had a regular script for, say, vicodin-- which is a controlled opiate-- the judge could punish me for taking a perscription issued by a doctor?? I realize there's a difference because of the gray area that MM falls in, but it still doesn't seem right.

in all reality yes the judge can tell you no opoids, Now ive been in the court system plenty, my old meds were methadone for pain, and xanax for feel good, they never said I couldnt use my prescriptions while on probation, but ive had the probation officer actualy violate me for thc in my system along with methadone and xanax, I had permission for the rx's but not the mm untill I actualy tested dirty for thc, the p.o violated me but the judge let me speak at my violation hearing and I won, and the judge didnt even say i can use mm or the rx's I was allowed to use any prescribed meds because of my medical records! That was in the 2nd yr of the program!  Im not so sure it would go that way today!

 

I wish you the best, but like some one said at least you are not in jail where they dont let you do anything more than mortins now!

 

Peace

Jim