Since marijuana is decriminalized does that mean the same for people who are on probation? 11 Answers as of June 13, 2011

Since marijuana is decriminalized I was wondering if I am still on probation what would happen if I were to get caught with LESS than an ounce on me? Also what were to happen if I were to get caught with less that an ounce and a scale?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
A condition of probation for not possessing marijuana is still valid and violating could mean trouble. on the other hand you could try to modify the terms of your probation in this regard particularly if you have some reason to believe you could obtain a medical marijuana recommendation from a physician.
Answer Applies to: California
Replied: 6/13/2011
Goodman, Dicus, and Teinert, LLP
Goodman, Dicus, and Teinert, LLP | Paul M. Teinert
Having under an ounce of marijuana will not violate your probation. However, having a scale on you as well could be considered a violation since it may be interpreted as intent to sell/distribute.
Answer Applies to: California
Replied: 1/12/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Who told you it was decriminalized? The voters rejected that Proposition, soundly. If you commit any crime, you face probation violation and return to jail or prison on your original sentence. Possession with a scale will be a felony charge.
Answer Applies to: California
Replied: 1/12/2011
Tomas M. Flores, Esq.
Tomas M. Flores, Esq. | Tomas M. Flores
Marijuana is not decriminalized. If the terms of your probation include "not to break any laws," which they almost always do, and you are caught with marijuana, then you risk having your probation revoked and risk jail time.
Answer Applies to: California
Replied: 1/12/2011
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
Generally speaking you would still be on probation. You can petition the court for early termination of probation and them get the conviction expunged (dismissed). Call me at 818-336-1384 if you would like me to help you with this.
Answer Applies to: California
Replied: 1/12/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    You are still on probation. having less than an ounce on you will not violate your probation. less than an ounce and a scale could be seen as a indaction that you are a dealer and a possible violation of probation.
    Answer Applies to: California
    Replied: 1/12/2011
    Alanna D. Coopersmith, Attorney at Law
    Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
    Possessing less than an ounce of marijuana is now an infraction. If you're just on informal court probation without any drug terms, I don't think the DA would move to revoke probation. If their theory based on the scales and other evidence is that you were drug dealing, it's another story.
    Answer Applies to: California
    Replied: 1/11/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    No it is not retroactive you will still be on probation regardless of the new law. Being caught with a scale makes things different as the DA may charge you with a sales crime.
    Answer Applies to: California
    Replied: 1/11/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    You are just begging for trouble. If you were NOT on probation, being caught with under an ounce is no longer a misdemeanor and is just a $100 fine. But if you are caught with a scale as well you will be charged with "possession for sale" and you will have a big problem.

    BUT since you are on probation if you had one joint on you they can, and most likely will, revoke your probation and they will give you whatever time is hanging over your head.

    Now if you have a medical marijuana recommendation that is a different story. It varies from county to county, but most probation departments do not check for MJ IF you have your recommendation on file with them so they would most likely NOT revoke you if caught with under and ounce but they sure as hell with revoke you if you have the scale with you. But if you have under an ounce why do you need a scale? Are you going to divide up that ounce for sale? The really makes no sense. Anyhow if you do have a recommendation check with your PO to see how that county feels. Sometimes you need to go back to the Judge to get an order allowing you to possess MJ and for that you should go back to the attorney or public defender who handled the case originally.
    Answer Applies to: California
    Replied: 1/11/2011
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    Decriminalized does not mean it is not a violation of law. It would potentially be a probation violation.
    Answer Applies to: California
    Replied: 1/11/2011
    Desert Defenders
    Desert Defenders | John Jimenez
    Marijuana is not "decriminalized". It is still illegal to possess in California and it is still a federal offense.
    Answer Applies to: California
    Replied: 1/11/2011
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