[TokeHappy420]

I was cited with possesion of marijuana under an ounce last year without a reccomendation, I went to court and I was placed in the states diversion program which requires me to complete 12 weeks of drug classes and can't be in possesion of any drugs unless I have a valid prescription for it, and not get in trouble basically, after I was placed in this program I went and got my medical marijuana reccomendation. I'm just wondering if this counts as a valid prescription or if i will still get in trouble if I get caught with any marijuana on me. any help would be appreciated, thanx

[Historybuff]

When you went into your diversion program were you given any paperwork describing the rules and regulations that you have to follow? If so, it should say whether or not a RECOMMENDATION is valid. Remember, the laws state that a doctor can only recommend MMJ, not prescribe it, and there is a legal difference.

I would contact ASA if you need more information to be honest.

Good luck.

[TokeHappy420]

the only restrictions like that are that i can't be in posession or around the use of any drugs and alcohol unless I have a valid prescription for it.

I was thinking that the recomendation and prescription were different but I wasn't sure, thank you

[weedtracker]

you might be able to get some kind of exemption from the court. i know of people who have been allowed use of mmj while on probation with approval of the court.

[zbestwun2001]

Originally Posted by TokeHappy420

I was cited with possesion of marijuana under an ounce last year without a reccomendation, I went to court and I was placed in the states diversion program which requires me to complete 12 weeks of drug classes and can't be in possesion of any drugs unless I have a valid prescription for it, and not get in trouble basically, after I was placed in this program I went and got my medical marijuana reccomendation. I'm just wondering if this counts as a valid prescription or if i will still get in trouble if I get caught with any marijuana on me. any help would be appreciated, thanx

Interesting, back in the 70's I was cited twice... Neither citation cost me more than $50 and there certainly wasn't any formal probation involved, if any probation at all.

Things change with time I guess.

Much love,
zb1

[TokeHappy420]

well I had the choice of paying 450 dollars in fines or doing the diversion which upon will completion will remove the charge from my record like it never happened, and I was 19 when it happened so i didn't want any drug marks. I'm thinkin I should have just paid the fines though, lol

[Medpatient]

you would need to go through the courts to get an exemption for marijuana, but because the crime was possession of Marijuana I do not think that a judge will issue the exemption since that is what you are in there for but I would still try to get the exemption, all they can do is say no.

[TokeHappy420]

yea, it doesn't seem very logical for a judge to do that, but I'll give it a try anyway

[flylightly]

I had to do the diversions program but not for drugs or anything. A lot of times the counselor your set up with can be really chill. I'd discuss it with them first and I'd even have a letter from your doctor stating why you need it and maybe they'll make an exception as long as everything else stays legit. They could argue that its not a prescription but if they pull that Id just argue that a prescription is nothing more then a doctors recommendation for medication. If not just imagine how amazing that first bowl will be after 12 weeks.

Best of luck hope it works out.

[La_Mogwai]

Originally Posted by TokeHappy420

yea, it doesn't seem very logical for a judge to do that, but I'll give it a try anyway

The reason it would be "logical" is if you present it as a case of a patient, first and foremost. You are a patient who didn't have your paperwork in order...which is how you got cited...but you are still a patient and need medical relief.

I'm not saying that any or many judges would follow this train of thought, but it is logical if you get the right judge. As medpatient said, it can't hurt to ask.

[dakindsmoke]

I'm pretty sure that a judge could tell you that you have the right to be a prop. 215 patient. It happened to a friend of mine. The judge ordered it at his plea.

[flylightly]

Thats cool that there are judges who would do that. It just shows you that the hope is slow but its there.

[irolldankallday]

im in the diversion program.i got pulled over by 2 rookies.they smelled my car even tho i had no herb.then they asked to search i said yea im in diversion nothing to hide.they found my prescription card got mad and ticketed me for tint , loud music, and possesion under an ounce.i went to court and when i showed the prosecutor my card she dismissed my whole case.just dont let the judge know your on diversion and you might get lucky and he might not see.

[Medpatient]

Originally Posted by irolldankallday

im in the diversion program.i got pulled over by 2 rookies.they smelled my car even tho i had no herb.then they asked to search i said yea im in diversion nothing to hide.they found my prescription card got mad and ticketed me for tint , loud music, and possesion under an ounce.i went to court and when i showed the prosecutor my card she dismissed my whole case.just dont let the judge know your on diversion and you might get lucky and he might not see.

That is by far the worst advice I have ever seen. You are recommending that he hold information back from a judge, the person who can throw you in jail and if you piss the judge off that is what will happen.

If this is what works for you then by all means use it, but you should never recommend that someone try to outsmart a court.

[joshhppc]

i am currently on parole and i too was areested my parole offecer called the judge saying he knows i medicate with mmj and he abroves and fights for me so i guess what im saying is all depends on the offecer

[flylightly]

I think a lot of us will find that if we just ask we could get what we want. More and more people are opening up and realizing that either MJ isnt what the government has enjoyed telling us it is, or they just dont care any more.

I think thats awesome that hes willing to fight for you thats a good sign and not just for our cause but for criminal rights and shit too. So many unjust laws. Its good to have people on our side.

[flylightly]

Originally Posted by Medpatient

That is by far the worst advice I have ever seen. You are recommending that he hold information back from a judge, the person who can throw you in jail and if you piss the judge off that is what will happen.

If this is what works for you then by all means use it, but you should never recommend that someone try to outsmart a court.

I would also like to add that if you are in the diversions program that even though that won't show up, they can easily look that information up, and whatever you were placed on diversion for will show up as a pending court case with a submitted plea of guilty. Believe me I found out the hard way. Diversions is a guilty plea until you finish the program. And even after you finished the program it could be as soon as a day and as many as years before its cleared from your record.

You lie to a judge thats perjury and you cant get major fines and even jail time for that. And trust me they will do it. Its very disrespectful to them and they will spark a fire under your ass if given the chance.

[idrmname]

One simple rule: Don't trust them. Even though they say it's o.k. . un less you here it from the judge don't count on it. I also have seen some people who 's recs are accepted with no problem(probation,....) but in other cases(for sure prop 36) , since you signed and agreed to there rules you must abide by them, you will not be allowed to use cannabis. they will tell you to take prescribed non narcotic pain relievers....... it all depends on the people and the situation you are in. Just remember the only way to be safe, is not to trust them and act like your Rec. will mean nothing to them. Don't just assume it will save you. If you do you will get in trouble( more time added to your program

[Lani]

My brother went back to the Dr. who wrote the script and had her write a letter on his behalf then he took it to the courts he was not allowed to medicate while in work ferlow but they are honoring it now. His was a felony mj charge.

[Slip9901]

I'm currently in the Deferred Entry of Judgement program (Diversion) and I was issued a citation for possession of under an ounce. I didn't have my wallet on me and therefore not my rec. The officer told me just to bring it to court and it will get dismissed.

However I'm scared as to how my Diversion will affect this. What will happen? What should I do?

Any help is greatly appreciated...Thanks

[420love]

yes you can medicate on diversion. when i went through it i never got in any legal implications, and i advised the judge of my patient status before the diversion was applied. he looked at me in the eyes and said 'you agree to not use any medications not perscribed to you right?' as if to hint he would try to screw me.

heres the catch they try to f**k you with - on your probation paperwork, there is a line that says (with a checkbox) "I agree not to posess or use any medication not prescribed to me" - there is a catch to this, as med mj is a schedule 1 narcotic with no medical value it cannot be prescribed. the thing is, i think ASA knows about this more specifically, is that there was an overturning of this where 'medication prescribed' also means 'medication recommended or perscribed' to better suit prop 215

[Illspawn]

Originally Posted by flylightly

Diversions is a guilty plea until you finish the program. And even after you finished the program it could be as soon as a day and as many as years before its cleared from your record.

Also you will have to apply for Expungment of your record after Diversion, It doesn't automatically happen. My Son got one at 18 and completed Diversion. He applied for a Job and the HR person ask about this Posession Charge.. The one that he thought would be taken off his Record. The Court information officer said he had to apply for the record to be Expunged.

[prophet]

I wouldn't see a problem with it. Call your lawyer to make sure.


Who should know their rights?

cop stop

http://www.prop36.org/