Legal Question in Criminal Law in California

I would like to know if I am on felony probation, can I still grow and smoke my marijuana medicine with out violating my probation. I do have a doctors recommendation and live in California.


Asked on 7/08/10, 5:37 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

If there are no terms of your probation that say you can't smoke medical marijuana, then you can. Look up the terms at the courthouse if you don't have a copy. Of course, this is Orange County and if you say the words "medical marijuana" to a probation officer or a judge they will go bat crazy. You could apply to Orange County Health Care Agency for an official MMJ card, that ought to be a hoot. If you have a problem in the future with this, I'd like to hear from you.

Read more
Answered on 7/08/10, 8:50 pm
Robert Marshall Law Office of Robert L, Marshall

A violation of your felony probation could send you to state prison. Are you really willing to risk your future on advice from a stranger on the Internet?

Under Health & Safety Code 11362.795, you can ask the court to confirm whether you are eligible to use medicinal cannabis. Your terms of probation may say you can't use marijuana, or you may have a condition that requires you to clear any drug use through your probation officer.

This is really a situation where you need to review your probation terms with your attorney, who is in a much better position to advise you than someone who knows nothing about your case.

Read more
Answered on 7/08/10, 8:58 pm
Terry A. Nelson Nelson & Lawless

Ask your probation officer, his is the only opinion that counts. He can violate you.

Read more
Answered on 7/09/10, 10:27 am


Related Questions & Answers

More Criminal Law questions and answers in California