Have Medical Card And On Probation

[430]

I know someone who has their medical card and informed po and he stated should be no issues. They tested positive and had to go to court for probation violation. Judge stated it was cop out and sent them to jail. This is second time they had to see a judge for violation. Anyone know if this is normal for being legal and on probation?

[Kingdiamond]

Its at the discretion of probation department and the judge to my knowledge.

[trichcycler]

sounds like a po set up to me

[t-pain]

fight it in court and win.

[suneday11]

My understanding is that probation terms are agreed to between defendant and court. Your buddy probably slapped the signature on the court's form that makes pretty much everything a violation.

[bobandtorey]

I know someone who has their medical card and informed po and he stated should be no issues. They tested positive and had to go to court for probation violation. Judge stated it was cop out and sent them to jail. This is second time they had to see a judge for violation. Anyone know if this is normal for being legal and on probation?

 

 

It is up to the Judge but i here more and more people are being allowed to use cannabis on probation 

 

what County is he inn ?

[430]

It is Macomb County, the city of Warren

[bobandtorey]

 This is second time they had to see a judge for violation. 

 

was it for the same thing ?

[phaquetoo]

oh about 5 yrs ago I was in jail on a probation violation, I had put my paper work thru before I had to go to the hilton for 23 days, I became legal while in jail, as soon as I got out I sent my p,o my paper work and I pee pee'd dirty for thc and the other meds im allowed to use, my po violated me, when I went to my hearing the judge asked me if I agree or disagree about the thc, I told him I disagree and it is my medicine, bottom line I won and used mm the whole time I was on probation much to my p.o's dismay!

 

That was alpena county, I have been in warren district court and have found them to be some what fair but that was many yrs ago!

 

If your friend is allowed to use narcotics while on probation, you would think the judge would allow it, but it is not always the case, and he can bring an attny to the hearing, I didnt, I brought a pocket full of xanax expecting to wait in the jury box to go to jail and figured I would sleep the first day no prob bawahahahahaha!  I got to put the xanny's back in their bottle when I got home!

 

Best of luck!

 

Peace

[t-pain]

judge reasoning for denying mmj on probation:

http://www.gratiotmi.com/LinkClick.aspx?fileticket=gMwsQvXiQSk%3D&tabid=238

 

motion to allow mmj on probation:

http://www.thecompassionchronicles.com/wp-content/uploads/2012/09/Motion-and-Brief-to-Modify-Probation.pdf

 

http://thecountypress.mihomepaper.com/news/2011-01-16/Front_Page/Patient_denied_access_to_medical_marijuana_during_.html

[t-pain]

some kind of study guide for judges:

http://courts.mi.gov/education/mji/Documents/2014/4.5%20District_District%20Court%20Sentencing-email.pdf

 

Although the sentencing judge could require the defendant to

not use marijuana, he or she should not violate the defendant’s probation for testing positive for

marijuana.

[RailRoaded]

I read through that guide t-pain.  I'm curious to find out if anyone has been able to get the MMJ restriction lifted while on probation.  If the guidelines straight from the state say not to violate people for THC metabolites, then why are they getting away with it?

 

Any attorneys care to chime in on this?

[phaquetoo]

I read through that guide t-pain.  I'm curious to find out if anyone has been able to get the MMJ restriction lifted while on probation.  If the guidelines straight from the state say not to violate people for THC metabolites, then why are they getting away with it?

 

Any attorneys care to chime in on this?

oh about 5 yrs ago I was in jail on a probation violation, I had put my paper work thru before I had to go to the hilton for 23 days, I became legal while in jail, as soon as I got out I sent my p,o my paper work and I pee pee'd dirty for thc and the other meds im allowed to use, my po violated me, when I went to my hearing the judge asked me if I agree or disagree about the thc, I told him I disagree and it is my medicine, bottom line I won and used mm the whole time I was on probation much to my p.o's dismay!

 

That was alpena county, I have been in warren district court and have found them to be some what fair but that was many yrs ago!

 

If your friend is allowed to use narcotics while on probation, you would think the judge would allow it, but it is not always the case, and he can bring an attny to the hearing, I didnt, I brought a pocket full of xanax expecting to wait in the jury box to go to jail and figured I would sleep the first day no prob bawahahahahaha!  I got to put the xanny's back in their bottle when I got home!

 

Best of luck!

 

Peace

[bobandtorey]

I read through that guide t-pain.  I'm curious to find out if anyone has been able to get the MMJ restriction lifted while on probation.  If the guidelines straight from the state say not to violate people for THC metabolites, then why are they getting away with it?

 

Any attorneys care to chime in on this?

 

 

I'm no Lawyer but play one sometimes Lol 

 

 I'm curious to find out if anyone has been able to get the MMJ restriction lifted while on probation ? Yes it does happen all the time now but back at the beginning of 2009 it wasn't at all back then just being out on bond judges where stoping people from using cannabis  

[phaquetoo]

oh about 5 yrs ago I was in jail on a probation violation, I had put my paper work thru before I had to go to the hilton for 23 days, I became legal while in jail, as soon as I got out I sent my p,o my paper work and I pee pee'd dirty for thc and the other meds im allowed to use, my po violated me, when I went to my hearing the judge asked me if I agree or disagree about the thc, I told him I disagree and it is my medicine, bottom line I won and used mm the whole time I was on probation much to my p.o's dismay!

 

That was alpena county, I have been in warren district court and have found them to be some what fair but that was many yrs ago!

 

If your friend is allowed to use narcotics while on probation, you would think the judge would allow it, but it is not always the case, and he can bring an attny to the hearing, I didnt, I brought a pocket full of xanax expecting to wait in the jury box to go to jail and figured I would sleep the first day no prob bawahahahahaha!  I got to put the xanny's back in their bottle when I got home!

 

Best of luck!

 

Peace

 

I read through that guide t-pain.  I'm curious to find out if anyone has been able to get the MMJ restriction lifted while on probation.  If the guidelines straight from the state say not to violate people for THC metabolites, then why are they getting away with it?

 

Any attorneys care to chime in on this?

   

Edited July 8, 2015 by phaquetoo

[imiubu]

I'm no Lawyer but play one sometimes Lol 

 

 I'm curious to find out if anyone has been able to get the MMJ restriction lifted while on probation ? Yes it does happen all the time now but back at the beginning of 2009 it wasn't at all back then just being out on bond judges where stoping people from using cannabis  

 

Bob, can you please reference cases in which this happens 'all the time' ???

 

Otherwise it is just a misleading statement.

Edited July 8, 2015 by imiubu

[imiubu]

Good to know zap.  I've read of some cases that have.

My point was that saying 'all the time' is a rather

broad statement and it still depends upon a

"number of factors".

[rotten]

I know someone who has their medical card and informed po and he stated should be no issues. They tested positive and had to go to court for probation violation. Judge stated it was cop out and sent them to jail. This is second time they had to see a judge for violation. Anyone know if this is normal for being legal and on probation?

If u r on sanctions for a drug crime like I was (parole drug charge) my agent said not while on parole

Edited December 12, 2015 by rotten