Legal Question in Criminal Law in California

Medical Marijuana + Summary Probation Clause

My summary probation clause said 'do not use any drugs not prescribed to you' - technically medical marijuana is recommended (not prescribed) due to it being Schedule I. Have my rights to Med MJ been stripped from me? Or does state law officially supercede this ? what if I am caught with my medicine?


Asked on 11/19/06, 7:17 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Medical Marijuana + Summary Probation Clause

Dream on, but you don't have a 'right' to use or possess illegal drugs, and certainly not in violation of a specific term of your probation. All such 'prescriptions' are illegal, despite the media and drug activists' propaganda to the contrary. Just because some politically correct local politicians decide to pander for votes from the druggie crowd, that has NO EFFECT on the state and federal drug laws that will put you in jail for possession. Use dope at your own risk; probation violation is guaranteed if you are caught.

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Answered on 11/20/06, 7:01 pm
Jay Leiderman Leiderman Devine LLP

Re: Medical Marijuana + Summary Probation Clause

Why not calendar yourself for a modification of probation and ask the judge to change the language to "prescribed or recommended by a licensed medical doctor?"

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Answered on 11/19/06, 7:27 pm


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