Legal Question in Criminal Law in California

Deferred Entry of Judgment

Friend got caught with under 1 oz mj in little baggies so police determined intend to sell which is felony. A few months later he got caught with misdemeanor under 1oz possession of mj. Both times he was 17. He got referred to juvenile probation dep., admitted to charges, and got offered DEJ program. He will be drug tested, house can be searched etc. The court date will be next month, and hopefully the district attorney will agree with probation officer's DEJ program. Now, in the meantime my friend wants to get a clubcard for his adhd. How would the DEJ program work if he finds a doctor prescribing medical mj? Would he have to ask the DA or the probation officer for permission on this? The drug testing or searching the house would not make sense since he would smoke and have mj. Would he not qualify for med. mj if he gets on the DEJ juvenile program? State is CA


Asked on 2/05/09, 5:40 pm

1 Answer from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Deferred Entry of Judgment

In a nutshell, here is how the law works (not). Practically speaking, your friend would have a legal defense to a probation violation if had a physician's recommendation and he was found smoking or in possession of marijuana while on probation. Practically speaking, even if he prevailed in the end, he would be incarcerated for some time and would have to spend $$$ on a good lawyer to get himself off the hook. Practically speaking, he could prevent any problems by seeking permission from probation officer or the court to use medical marijuana while on probation. Practically speaking, this will never happen because no one in their right mind will believe your friend has a legitimate medical problem.

Practically speaking, medical marijuana laws or not, your friend should forget about smoking marijuana while on probation because he will certainly get himself into trouble. He is only 17 and without a leg to stand on.

If your friend is still deluded about this, feel free to contact my office so I can repeat my message to him more succinctly.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 2/05/09, 10:19 pm


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