Constant medical marijuana harassment. Help!

[DazedMonkey]

My question involves criminal law for the state of: Texas

I'm a quadriplegic and use medical marijuana for extreme muscle spasms because it is the only thing that saves me without really bad side effects of pharmaceuticals. A small town sheriff has harassed and slandered me for 12 years until I finally gave in and stupidly accepted 6 months deferred adjudicated probation on a class B misdemeanor which started Nov 2nd. This gave them the ticket to come after me. They didn't need a search warrant to give me a probation visit. On Dec. 22nd, 4 sheriff cars came to my house and ransacked it while I wasn't even there. My probation officer didn't come with them and wasn't even aware the sheriff came to my house. I was in bed with the flu at my mother's house next door where I sleep every night. The house they raided was my office\day house caretaken by renters. There was 2 people in my house during the raid. They kicked in the doors and said to the 2 people that they smell smoke and asked them where my office was, then they searched the whole house, kicking in doors to renter's rooms also. Then they left without arresting the 2 people present who was accused of the smokey air. The sheriff didn't come get me at my mom's next door or contact me, so I assumed my house\office was clean. I informed my probation officer of the raid, and he said he would let me know if they found something. I went to my final probation visit today April 15th (6 months and 13 days after it began) and received a motion to revoke probation because of an arrest warrant for shavings of pot found on my computer desk on Dec. 22nd. So, they took me to put me in jail. Ironically, I had rubbed a pressure sore on my leg because of extreme spasms due to not smoking pot, and have been under doctor's care to not sit in my wheelchair for over 2 hours at a time until I heal. So, I was let go until I heal and then I'm supposed to turn myself in for arrest.

Here are my questions?
1) Was the warrant-less probation visit (house ransacked) legal without my probation officer knowing and me not being there?

2) If the 2 people that were at my house\office had access to my computer area and the sheriff proclaims to smell smoke upon entering, why were the 2 not arrested if they found shavings of weed.

3) They were ready to put me in jail with nurse care. On a motion to revoke warrant with deferred adjudication, can't I still be bonded and get out?...or is it up to the judge?

4) I haven't been officially arrested, so can a lawyer approach a judge now and defend me and get the motion to revoke reversed?

5) When rights reserved to the states, such as medical marijuana laws, create an extreme difference of inequality among citizens, isn't it an attack on the basics of civil rights? In Texas, I'm judged as a criminal for just stopping my pain and the sheriff wants to put me in prison. In california, no pain and no fear. I want to take this civil rights issue to the supreme court.

Reply here with any advice you have, and also email a copy to [email protected]

Thanks and God Bless.

C.
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[justalayman]

duplicate post

 

[CavemanLawyer]

1. Check your probation conditions to see if it allows anyone associated with law enforcement to visit your home or just your probation officer. Most only allow your probation officer to visit you. If its not in your probation conditions and they didn't have a warrant then the search would be unlawful unless one of those two people at the home consented to the search AND they had apparent authority, as far as law enforcement knew, to give that consent.

2. Law enforcement has the discretion whether to arrest or not and whether to charge or not, in most cases. They may have thought there were insufficient links between the people and the pot, but sufficient links against you because you live there.

3. You aren't entitled to a bond on probation revocations but most courts at least set bonds on deferred probation cases, and if this is a misdemeanor probation I would be shocked if a bond wasn't set.

4. The motion to revoke probation is filed by the District Attorney's office and handled by a prosecutor so that is who one has to negotiate with. Different offices have different policies but do not be surprised if the prosecutor refuses to negotiate with your attorney until after you turn yourself in. Generally offices do not negotiate with fugitives (I know you aren't running just have medical issues) for a number of reasons.

5. I honestly don't have the desire to look any of this caselaw up but I can assure you there are many cases supporting a state's right to regulate, to the point of outlawing, various drugs. Most states do not allow medical marihuana and if you use California as a model that exception to the law is probably abused substantially more than it is appropriately used. I know you fall in that category that really needs it medically but, hope you don't take offense to the pun, you don't have a leg to stand on.

It sounds like the Sheriff might have it out for you but it also sounds like he is doing his job. There is no exception for medical use of marihuana and there are cases holding that the necessity defense also does not allow it. What you are doing, and clearly want to continue doing, is unequivocally illegal. If you want to use medical marihuana then you either need to live with the legal consequences or you need to move to a state that allows it.

[Yes I spell marihuana with an H instead of a J even though it looks wrong. This is how it is spelled in Texas' Health and Safety Code.]