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Finally got my modification for probation for Medical Marijuana filed. Will go to court in a few weeks. Now it is up to the Judge to make the decision. I am legal with the State but it is now up to the County if Inyo. ASA has been a tremendous help. I hope the County doesn't pull something before this goes to court. Hopefully we can help ASA members on probation. This has been a long struggle. But the law on this should be on our side.
The Inyo County court system today denied my formal request for a probation modification for Medicinal Marijuana. Judge Brian Lamb followed Assistant DA Mark Johnson's rebuttal to the modification. They argued that Medical Marijuana can lead to violent behavior and drug trafficking and that it would not be rehabilitative to allow MMJ. Will have to wait for the Court Transcripts to get exact wordings.
http://www.inyoregister.com/content/view/97650/27/
Last edited by Jimbud (2009-06-24 15:55:55)
I'm sorry to hear that. Will you be obtaining the transcript? I would be curious to read it.
I am in the process of an appeal. I get the feeling they don't see very many of them. If we don't fight for our rights. They will treat us like the Bush administration is still in power.
Last edited by Jimbud (2009-07-30 09:06:03)
Too true. GL, man.
Good luck!! Keep us posted!
Case was sent to Appeals Court. Just waiting to see how the process works.
So far my appeal was denied. They are telling me I didn't follow the correct procedure when I initially went to court concerning my probation conditions. This is why I hired a attorney. Hope to take case further.
Last edited by Jimbud (2010-03-12 16:47:59)
Good grief. Typical, though - they like to clear the calendar with whatever BS excuse they can. Half the time it's legally infirm, to boot.
IN this situation wouldn't a prescription for marinol cover up your medical marijuana for probation drug tests?
I suppose if you had a prescriptipn for marinal you coud smoke all the MJ you wanted. I'm not sure if any doctors in my town work with marinal.
I recall hearing about certain metabolites that are present and detectable with cannabis only that are not shown by Marinol user only. The suggestion was that the probation dept. could in fact order a test to tell the difference if they had any reason to believe you were going to use the marinol rx to smoke, and the suggestion was to not even attempt it.
Cant speak to accuracy of the facts although the person seemed pretty well informed and educated about the exact specifics. Didnt pay too much attention as it didnt apply to me in any way, but that was the basic message.
Sounds like the system of people there really are making it a mission to be as difficult as possible though so maybe not the best place to test it out.
It would be interesting to contact a lab that LEO's and lawyers use and find out what test they use, what tests they have and if any do anything beyond testing for metabolite presence. Any awyers wanna chime in on this?
Last I saw, there were some blood tests being done in research that showed the active level of delta 9 THC in the bloodstream, but large amounts of disagreement about how to try and set a level for impairment. This gets even more complicated when you consider they should also test for the active level of CBD (which inhibits THC).
Marinol will only test positive for delta 9 THC, as it is a synthetic version of it. 1 cannabinoid out of 212+ compounds.
I recall hearing about certain metabolites that are present and detectable with cannabis only that are not shown by Marinol user only. The suggestion was that the probation dept. could in fact order a test to tell the difference if they had any reason to believe you were going to use the marinol rx to smoke, and the suggestion was to not even attempt it.
Cant speak to accuracy of the facts although the person seemed pretty well informed and educated about the exact specifics. Didnt pay too much attention as it didnt apply to me in any way, but that was the basic message.
Sounds like the system of people there really are making it a mission to be as difficult as possible though so maybe not the best place to test it out.
No one "real world" tests for the presence of specific metabolites, unless it's during trial discovery and required for evidence. It's a VERY expensive test. And very uncommon.
To me having the legal system trump a doctors prescription / recommendation is bordering on practicing medicine without a license
My case is going to the CA. Supreme court. Hopefully they will feel it is important to look at.
To me having the legal system trump a doctors prescription / recommendation is bordering on practicing medicine without a license
Alas the laws very specifically do not look at this as a prescription or as a prescriptive medicine 
Hence folks having a legal defense (supported by both the CA and US Supreme Courts!) can still have that defense
excluded from court
When you were originally assigned to probation, you were probably asked to agree to, and sign the "Terms and Conditions" of your probation., which most likely stated that you not violate any laws federal, state or local.
Now you are attempting to alter the original agreement.
A judge has discretion to allow you to use medicinal marijuana while on probation, but probably determined that you are not seriously ill enough to justify usage.
By the time the CA. Supreme court rules on your case, or not., you will probably be off of probation.
Is it possible to OBTAIN an MMJ while in Prison??? Original crime wuz Federal and had Nothing to do with drugs or weapons. My friend got arrested put back into Prison for testing POZ 4 Marijuana which Violated hiz Parole... Also is anyone aware if he DOES get a card if this can be overturned???
Hiz Probation wuz suppose to expire last month However P.O. added anoth er year due to 1st dirty test for Marijuana
thanx
Is it possible to OBTAIN an MMJ while in Prison??? Original crime wuz Federal and had Nothing to do with drugs or weapons. My friend got arrested put back into Prison for testing POZ 4 Marijuana which Violated hiz Parole... Also is anyone aware if he DOES get a card if this can be overturned???
Hiz Probation wuz suppose to expire last month However P.O. added anoth er year due to 1st dirty test for Marijuana
thanx
Will the Federal Government allow Federally illegal medical cannabis in a Federal Prison by Federal Prisoners? No.
Can he get a Doctors recommendation while in prison? Only if you can find a Doctor that the Federal Govt. will allow in to prison to examine him. (ain't gonna happen). Besides it would do no good as there isn't any thing as "MMJ" in Federal Prison or law for him to use.
Having a card isn't the issue for your friend. The fact that cannabis is illegal Federally limits any use till he is completely discharged from Federal parole.
Just my 2 c
ok thanx 
... Oh 1 more question IF come November in Cali the Feds DO recognize Med Marijuana use as Legal, would Prisoners serving time for violating parole for smoking Marijuana be reversed or do u think they would make them serve out the rest of their time/sentence IF they can qual & prove use was for medicinal reasons
Last edited by aloha_girl (2010-06-01 19:22:36)
ok thanx
The California election only covers california law not federal. Federal law and Federal Parole isn't affected by California law. There is nothing on the ballot in November that changes Federal law... only State law.
The problem is you can't break the terms of Federal parole and go back later and complain once you are caught in violation. They frown on that as your friend found out. And there is NO federal medical defense. There is no such thing as "medical marijuana" to the feds. To the Feds they are a criminal and your friend is bound by Federal law at present. What happens in California after Nov. is irrelevant to their case. It simply doesn't apply.
The California election only covers california law not federal. Federal law and Federal Parole isn't affected by California law. There is nothing on the ballot in November that changes Federal law... only State law.
Wow LAME ... Seems pointless and a waste of time of even having That on the Ballot LOL... All its doing is giving state government MORE power by giving them MORE of OUR $$$ And in the End WE STILL get RAIDED & BUSTED LAME ... Seems this Measure benefits them WAY more than it does US...
hey thanx again
Jimbud wrote:To me having the legal system trump a doctors prescription / recommendation is bordering on practicing medicine without a license
Alas the laws very specifically do not look at this as a prescription or as a prescriptive medicine
Hence folks having a legal defense (supported by both the CA and US Supreme Courts!) can still have that defense
excluded from court
The individuals that wrote Prop 215 specifically made it a "recommendation" for a very good reason. Prescriptions have to go through the FDA, can only be distributed by licensed pharmacies, and certainly cannot be grown or made at home.
So, while having it be a recommendation has its flaws, at least it allows access to patients that would otherwise be impossible under federal law.
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Last edited by Admit Nothing (2010-06-05 10:55:51)
California Supreme Court denied my case for review. Still am going to appeal my probation violation merits hearing. Was told even if MMJ gets legal in November that Inyo County may still deny me the right to medicate.
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