Can someone on parole take medicinal marijuana in California? 6 Answers as of April 05, 2011

I am currently in a sober living for two months already finished three month in house program and still on parole. I got medically prescribed marijuana (received medical card) . Which law over-rides which for testing dirty for marijuana? Do I have any legal recourse? Can you give me any type information that might be useful to my situation?

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Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
I can tell you right off that you will get farther faster if you try to work this out through your parole agent, as difficult as that might prove to be. You can have a Morrissey Hearing on a parole violation, regarding the medical necessity of your marijuana use. That might involve proving that there are no other alternate, legal (I know, I know, your use would be legal other than for the parole issue; or rather, is completely legal in your view) medications that you could use.Your parole agent might just feelthat he or she cannot effectively supervise someone who is under the influence of drugs, though being under the influence of marijuana is not illegal. I believe that the decision regarding whether you can use marijuana or not ultimately rests with the Parole Board. You are on parole, and do have limited rights for the time being. It would be easier to just stop smoking until you are off parole, which hopefully will be in only thirteen months.
Answer Applies to: California
Replied: 4/5/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
My opinion is of no value to you. Ask your parole agent, because he has the full and final discretion to violate you for any reason, putting you in jail to let you argue your side to the judge. If you have a genuine doctor certification of medical need and his written report backing that up, not the phony card that you can get for $40 bucks with your order from a dispensary, then take that to the PO and discuss it. If he rejects it, you theoretically could file a motion in court seeking a judges order to allow. If you get to that point of needing to file a motion, feel free to contact me for the legal help youll need.
Answer Applies to: California
Replied: 4/5/2011
Law Office of Andrew Roberts
Law Office of Andrew Roberts | Andrew Stephen Roberts
Your court order controls. If you want to use medicinal marijuana you better get the court to agree to this and put it in an order- otherwise you will be on parole violation!
Answer Applies to: California
Replied: 4/4/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
I don't think there is a clear legal answer on this and if your parole officer says no pot I think you could be held in violation for testing dirty. If you wanted to contest it you would have to file a petition for writ of habeas corpus in your local superior court and attempt to clarify the law on this subject.
Answer Applies to: California
Replied: 4/4/2011
The Law Offices of Michael S. Berg
The Law Offices of Michael S. Berg | Michael Berg
It would be up to your parole officer if he or she would allow it. My guess is, probably not. Most state court and federal judges will not allow probationers and those on supervised release to use medical marijuana while supervised. Good luck.
Answer Applies to: California
Replied: 4/4/2011
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