Medical Marijuana and probation

[free2blaze]

Hi everyone just want to share a story of a person I know not really a friend of mine but I know him pretty well, he lives here in michigan and is a state medical marijuana card holder, he has had troubles with the law that are unrelated to marijuana and was put on probation after a short stay in the local gated community (jail) and as a requirement of that probation he is not suppose to use any illegal substances, well he has used his medical marijuana and has tested possitive twice so his choice is to go to jail or go to rehab for three months, he has chosen rehab as most people do but I just dont get how they can do this to him being that under state law he is not breaking the law, he is basically being forced into jail or rehab without breaking a law, they told him that if he got a letter from his doctor stating that he needed the medical marijuana that it would not be a problem and he did but still they do this to him, he dont use alcohol but still had him going to AA, this system makes no sence to me.

 

[Jack Dos]

1. He signed the probation statement to waive all rights to the plea, with the defaulted rights that of the court, Judge, and Probation Dept.
2. This would have been amended to the court prior to the conviction and set in writing with the sought charge/probation terms.
3. Trying to invoke the medical terms now, I believe would be void since you signed off on the probation waive of rights. So I believe your screwed.

 

[Jack Dos]

I would like to know as to how this panned out. Let me know if you feel comfortable

 

[headybudd69]

I'm in a similar situation. I got busted for a DUI in colorado and have recently applied for a MMJ card. I have never been convicted of any crime or traffic violation. I'm located in Boulder, CO and it says that MMJ evaluations are given on a case by case basis. I'm 20 years old and have never been charge with any crime, let alone one related to marijuana. My question is if I were to appeal that I need to medicate while on probation would I have a good case? My medical excuse is chronic pain related to a shoulder injury suffered while football for 13 years. Any help would be much appreciated!

 

[Jack Dos]

I'm in a similar situation. I got busted for a DUI in colorado and have recently applied for a MMJ card. I have never been convicted of any crime or traffic violation. I'm located in Boulder, CO and it says that MMJ evaluations are given on a case by case basis. I'm 20 years old and have never been charge with any crime, let alone one related to marijuana. My question is if I were to appeal that I need to medicate while on probation would I have a good case? My medical excuse is chronic pain related to a shoulder injury suffered while football for 13 years. Any help would be much appreciated!

First, no. You drank and drove. "You should have thought about that before you did it" - Judge.

Sorry to break the news to you, but that's exactly what your going against.
UNLESS you supreme court rule against the probate. Only because, the state fines that MMJ use is legal. A district court cant hold this ruling. But, its going to cost you mega to take the District to court... So, its up to you, but then for sure you'll win. Get a good lawyer, cause the district is going to hate you.

But nonetheless to short answer, is no. Your on probation. No weed for you.

YES< you can fight it, = lots of money and high ranking courts...

Hope this helps.

 

[Jack Dos]

PS... Medicinal Marijhuana is not medicinally 'seen' to be used medically.... to the full benefit.

It's like taking Vicodin for back pain. Well, you go to jail, there going to say, well, we got some Tylenol your not getting Vicodin, sorry.

They look at MMJ just like this in court/politics. It's not 'necessarily' to be used, and is not needed to be used, but can be. But, you can be without it. So, while on probation... your without your meds... sorry don't care what the Doc's have to say, go take some IBUPROFEN =\

Trust me, just got out of correctional facility =\ You dont get squatters.