[luvzehtrainwreck]

i was convicted of a felony around 6 months ago and my crime had nothing to do with drugs. my lawyer mentioned to the judge to make me look good that i was working on my "addiction" to marijuana. when he mentioned that the judge said he would put me on narcotics testing while i was on probation (3 years). the other 3 kids i was convicted with are not on narcotics testing, just probation. i am currently trying to get a hold of my lawyer to hold a probation condition modification hearing with a judge but if he requires a payment i am going to try to get a hold of my public defender i was originally given. i have my physicians rec and believe i have a chance at being able to use medical cannabis while on probation. the reason i am posting is for any helpful advice on what to do or prepare for or if i am just wasting my time. Please help.
thank you.

[referee4]

Originally Posted by luvzehtrainwreck

i was convicted of a felony around 6 months ago and my crime had nothing to do with drugs. my lawyer mentioned to the judge to make me look good that i was working on my "addiction" to marijuana. When he mentioned that the judge said he would put me on narcotics testing while i was on probation (3 years).

red flags alert

[h.h.]

Tell your first lawer you want a remedy. If not offered ask for the number for the bar. If they refuse, you have a second complaint. Get a remedy or fuck them before they fuck somebody else.

[luvzehtrainwreck]

Originally Posted by h.h.

Tell your first lawer you want a remedy. If not offered ask for the number for the bar. If they refuse, you have a second complaint. Get a remedy or fuck them before they fuck somebody else.

okay thank you. that was the first bit of helpful advice I've gotten. I was gonna ask for a Probation condition modification hearing, would i still ask for that, or just straight ask for a remedy? and can u break down what a remedy is. Thank you so much for the help.

[luvzehtrainwreck]

somebody also told me to just show my rec to my probation officer and it will all be good. ?

[mooniegoogoo]

that might not be "all good". Damn dude, I'm sure there's a way around this, but,1rst your lawyer is a douchebag and you need a new one, that could change everything. 2nd contact a MMJ lawyer and really find out information such as other cases similar to yours, you need to do some research man

[LOLODALIGHTSKINNEDDYME]

the system is fucked up PERIOD. my friend just got convicted of something and I dont get how. The feds werent charging him so how does the state get away with charging him. the judge put him on probation and he cant smoke for a yr. wtf.

[hurtwillstop]

This is from the Bruce Margolin MMJ guide.

http://mmosd.com/content/pdf/Margolin-Guide.pdf

PEOPLE V. TILEKOOH (2003) [113 Cal. App. 4th 1433] A patient may use the medical marijuana laws as a defense against probation violations for marijuana offenses. The decision reiterates that federal law is not a bar to the rights of Californians under the protections afforded by our medical marijuana laws.
California courts do not enforce Federal laws and the term, “obey all laws as a condition of probation,” does not include Federal laws.
Persons who are incarcerated may not be punished or prevented from obtaining a patient I.D. card SB 420 11362.785 (b).
Nothing prohibits a prisoner or a person under arrest, who has an I.D. card, from using marijuana for medical purposes under circumstances that will not endanger the health or safety of other prisoners or the security of the facility SB 420 11362.785( c).
Probationers and parolees may confirm with the court or parole board that they are allowed to use medical marijuana. SB 420 11362.795. Refer to Peron v. Bianco (2001) 104 Cal. App. 4th 357.

[luvzehtrainwreck]

Originally Posted by hurtwillstop

This is from the Bruce Margolin MMJ guide.

http://mmosd.com/content/pdf/Margolin-Guide.pdf

PEOPLE V. TILEKOOH (2003) [113 Cal. App. 4th 1433] A patient may use the medical marijuana laws as a defense against probation violations for marijuana offenses. The decision reiterates that federal law is not a bar to the rights of Californians under the protections afforded by our medical marijuana laws.
California courts do not enforce Federal laws and the term, “obey all laws as a condition of probation,” does not include Federal laws.
Persons who are incarcerated may not be punished or prevented from obtaining a patient I.D. card SB 420 11362.785 (b).
Nothing prohibits a prisoner or a person under arrest, who has an I.D. card, from using marijuana for medical purposes under circumstances that will not endanger the health or safety of other prisoners or the security of the facility SB 420 11362.785( c).
Probationers and parolees may confirm with the court or parole board that they are allowed to use medical marijuana. SB 420 11362.795. Refer to Peron v. Bianco (2001) 104 Cal. App. 4th 357.

thank you for your help. i had already had People v. Tilekooh printed out. ive never seen the Peron v. Bianco though. thank you for your help, much appreciated.

[luvzehtrainwreck]

Originally Posted by mooniegoogoo

that might not be "all good". Damn dude, I'm sure there's a way around this, but,1rst your lawyer is a douchebag and you need a new one, that could change everything. 2nd contact a MMJ lawyer and really find out information such as other cases similar to yours, you need to do some research man

its like the crazy shit is, my lawyer is supposedly the best around. James Blatt. he defended Jesse James Hollywood... you'd think for what im paying him, he'd no better than to just say that shit. he must not believe in MMJ

[luvzehtrainwreck]

so i just renewed my MMJ card and im going to apply for a MMJ State ID Card as well, and i am going to bring medical records for proof of my diagnosis. i really dont see how the judge can deny it to me. its 100% legal for probationers to use MMJ. No different then being prescribed vicodin for your back pain....