Medical patient in Deep shit!

iforgotmymeds said:

well as I said before talk to your Lawyer. I got my felony in Medford/Jackson County and as I stated before the judge put in my conditions that I was allowed to possess and obtain marijuana while I was under state supervision. As long as that was in my paperwork the PO had to go along with it. I was still subject to home inspections and piss test (neither were done the entire time). Your orientation with your PO should have stated that you have to cooperate with Law Enforcement whenever confronted by them to include your PO.
This is what I had done when I got sentenced to avoid a situation like yours.

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SOorganic said:

• "The OMMP will revoke the card of a cardholder if a court issues an order that prohibits the cardholder from participating in the medical use of marijuana or otherwise participating in the OMMP. "
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Thing is, there was no order from a court to prohibit my medical status, in fact I just got a renewal application in the mail from the state the other day, as if its some fucked up sign from the cosmos teasing me! Yes this is my third offense, but DUI is the Only thing on my record, I have Zero history of drug abuse, Iv never even thrown a punch at some one, I don't have so much as an infraction on me besides these Driving violations. Also, sustaining from hard drugs and alcohol is, I believe, a viable reason for obtaining ones card. At least that's what got me my card in 2010 in San Fran. The State appointed treatment facility I attend honors medical cannabis, and they recognize its potential to help abstain from alcohol abuse. I admit I clearly have a problem with alcohol, its painfully obvious, as I have been "clearly demonstrating a RECURRING problem" with this particular substance as caretakerDad points out. I am sure many of you probably think i am a bad person for the recurring DUI's. And while I will agree that there are things that society as a whole deems " unacceptable behavior", rape, murder, and driving drunk I think are the big three. I can assure all of you, I never crashed or hurt any body for ANY of the dui's. I know that's a shitty reassurance, but I don't want to give the impression that I'm just some care less "whoa is me" type of person. Iv payed my fines, i'm in the process of serving my time, and I do truly regret what has happened. Not just because I got caught, but because I do agree with the societal consensus that driving while impaired, is potentially one of the most dangerous things a human can do. But lets be honest here, raise your hand if you have drove even a little drunk, or way to fucking ripped....... Yeah, i thought so.

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Milovan said:

the judge denied me my mmj meds saying after looking at my up to date legal
mmj rec that it was written in a "pill mill".

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Appeals Court: Tilehkooh - Use of medical marijuana while on probation

113 Cal.App.4th 1433, 7 Cal.Rptr.3d 226, 3 Cal. Daily Op. Serv. 10,540, 2003 Daily Journal D.A.R. 13,263

Court of Appeal, Third District, California.
The PEOPLE, Plaintiff and Respondent,

v.
Darius TILEHKOOH, Defendant and Appellant.
No. C040485. Dec. 8, 2003.




The trial court ruled that section 11362.5 did not apply to defendant because he could not satisfy a medical necessity defense.[SUP][4][/SUP] We disagree because that defense is not the measure of the right to obtain and use marijuana for medical purposes granted by section 11362.5.

On appeal the People claim that section 11362.5 is not a defense to a revocation of probation and that, in any event, the possession of marijuana violated a condition of defendant's probation that he obey the criminal laws of the United States.


We conclude that defendant may assert section 11362.5 as a defense to the criminal sanction of revocation of his probation where, as here, there is no claim that his conduct endangered others or that he diverted marijuana for nonmedical purposes. (See § 11362.5, subd. (b)(2)). Nor does a probation condition which prohibits the lawful use of a prescription drug serve a rehabilitative purpose.

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