Will I still be able to use prescription marijuana while on probation? 10 Answers as of June 19, 2013

I am currently facing charges that will likely lead to a probation sentence. A California resident, and has a prescription from a doctor for medical marijuana. Will I still be able to use prescription while on probation?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
It depends on the probation officer and the court in which you are in. There is no right statewide to be able to use medical marijuana while on probation.
Answer Applies to: California
Replied: 7/20/2012
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
If you have a valid prescription from a doctor for medical marijuana, you need to bring that to the attention of the court. The court should evaluate the prescription and if they are satisfied it is good it will be noted on your probation orders that you may use the proscribed amount of marijuana during your probation.
Answer Applies to: California
Replied: 3/1/2012
Hammerschmidt Broughton Law
Hammerschmidt Broughton Law | Mark A. Broughton
In a word, NO. Don't even try it.
Answer Applies to: California
Replied: 6/19/2013
Law Office of Jared C. Winter
Law Office of Jared C. Winter | Jared C. Winter
Your question is a legal can of worms. There are arguments in favor of you being able to continue the use of medical marijuana. However, it is not uncommon for judges to specifically order that, as a term of your probation, you abstain from the use of marijuana, even if you have a recommendation from a doctor. The legal answer to your question is uncertain and complicated. The practical answer is for you to consult with your probation officer once your are on probation. If he or she prohibits it, then you should have your attorney bring the issue to a judge with a motion to modify probation (PC 1203.3).
Answer Applies to: California
Replied: 3/1/2012
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Ask your PO, his is the only opinion that counts. You do realize that marijuana is now, and for decades has been, illegal under federal law, despite the PC fiction of medical MJ cards in CA? Therefore, you are asking him if you can use an illegal drug while on probation.
Answer Applies to: California
Replied: 2/29/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes, unless probation specifically states you cannot.
    Answer Applies to: California
    Replied: 2/29/2012
    The Law Office of Stephanie M. Arrache
    The Law Office of Stephanie M. Arrache | Stephanie Arrache
    You aren't allowed to violate the law while on probation. While legal in California, medical marijuana is illegal according to federal law. The only way to truly protect yourself is to have your lawyer make a motion to get that term on the record as part of your sentencing. That should protect you from any probation violations.
    Answer Applies to: California
    Replied: 2/29/2012
    Law Office of Evan E. Zelig
    Law Office of Evan E. Zelig | Evan E. Zelig
    Whether you are able to possess, cultivate and use medicinal marijuana while on probation is at the discretion of the Court and Probation officer. You must get permission from the court and / or probation PRIOR to using the medicinal marijuana, as some probations do not allow it. However, simply being on probation does not automatically exclude you from using medicinal marijuana - it just needs to be approved by the Court.
    Answer Applies to: California
    Replied: 2/29/2012
    Law Office of James S. Lochead
    Law Office of James S. Lochead | James S. Lochead
    Since you have a legal prescription, your use of marijuana while on probation depends whether the Judge in your case prohibits it's use, thereby making it a violation of probation to be tested and found positive for marijuana.
    Answer Applies to: California
    Replied: 2/29/2012
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