Quick question about Unsupervised Probation

FatCat332

New Member
I was recently placed on unsupervised probation in MA. I had stopped smoking thinking i would be drug tested but reading my conditions of probation and drug testing is not marked as a condition, can i still smoke?
 
I'm not a lawyer and I have no experience with law in MA.

I can tell you from my personal experience here in CA that conditions of probation can vary. For example, I spent several years on probation and was not subject to any random drug testing--none of my cases were considered drug related. I could medicate as I pleased worry free. That changed when I got busted on a minor mj possession charge. Random drug testing became a condition of my probation after court. Thankfully those days are long behind me now.

If you don't have to report to anyone chances are you wont be drug tested, and random drug testing would be specifically mentioned in the terms of your probation. However, this is your freedom we're talking about and not mine. For piece of mind alone it may be worth the money just to take your paperwork in to an attorney and get advised on the specifics of your case. Nothing eases the stress of guessing like knowing. :peace:
 
Gadfly explained it perfectly. I've understood it's better to ask and make sure before you end up "knocked back down 2 steps, after you just climbed one" so to say. It is find for you to be smoking if under the restrictions it is not called out as you say, but if more trouble were to come your way the courts really just do whatever they feel is necessary, if that be drug testing you to see if you are still on the straight and narrow so be it, they will test you if necessary. But hey, if your sitting at home smoking a fat dooby, eating munchies watching Scooby doo, I think you will be A O K bud :thumb: :peace: CA215
 
So what if your on supervised probation but for medical reasons the doc puts you on weed. and you have all the forms and medical clearance to use weed. you can still get busted from your probation officer? but the same doctor can proscribe any drug even stronger then weed and as long as you bring in the doctors papers to your probation officer its all good. hmmmmm i have been ready online and boy this really sounds crazy. if a doctor says you need it then you need it right? see this is what i am having a hard time understanding.so in a nut shell if i had asthma and the doctor tells me i need to used my asthma pump but my probation officer says nope it contains steroids the probation dept. has more control over my health then my own doctor???? i do understand that your not doctors or lawyers but can anybody shed some light on this subject????? thank you...
 
The answer would revolve on the conditions of your probation. I recently had a lengthy court case where the DA wanted me to be on probation for x amount of years. I said "no, I work in the medical marijuana industry, probation is not an option for me." She came back with an offer where I would be on probation but could lawfully use medical mj. I still said "no I work in the medical marijuana industry, probation is not an option for me," and eventually worked out a dismissal.

On the flip side to that, during my case I saw others who were specifically told they could not use mmj or have anything to do with anything mmj related.

So my answer would essentially be the same. The individual circumstance of one's case/probation will determine what they can and can't do. If you are a lawful mmj user and you find yourself in a situation where probation becomes a reality it would be your responsibility to address these issues in court. I am no fan of lawyers by any means but I can't stress enough how valuable they can be in assisting regular joes like us with these kinds of issues.

If you find yourself in a situation similar to mine, be honest, be respectful, and be reasonable. It doesn't guarantee shit but I did much better with my case than others I saw in similar situations.
 
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