medical marijuana card and pc 1000

[thepeacefrog]

What is the name of your state (only U.S. law)? California

I was recently charged with cultivation of marijuana but was able to get off with just informal probation/drug classes through PC 1000. After 18 months my charge will be expunged.

My question is whether or not I will be able to safely test positive for THC if I obtain a medical marijuana card now. I did NOT have a card at the time that I was charged. I have heard other people say the judge does not honor the medical marijuana card in certain situations, while others have said that they simply had to show their card to their probation officer to be allowed to smoke. I myself was not assigned a probation officer. I simply have to sign up for drug classes. However, I have not done this yet (I still have 2 weeks left to sign up).

If I get a medical marijuana card before I sign up with these classes and show it to them once I sign up, will they allow me to pass the tests with THC?

 

[SIN EATER]

NO.
You pled 'guilty' in order to get DEJ.
You can't retry the case; it's done.
If you violate by testing dirty, the conviction stands (you couldn't have pled to cultivation - it's not eligible for DEJ); all that remains after a an unsuccessful DEJ, is sentencing.

PS: Med MJ cards are a joke.
The 'Doctor' who signs that card has to come to court and testify to the illness for which he is prescribing mj for you. Remember, it's a defense that you have to prove up - not by showing a crappy card - you have to present the 'Doctor'.
Good luck doing that. The 'Doctor' will be ripped apart on the stand.

Your card is worthless. It may make a beat cop hesitate; it'll make a Prosecutor smile.

 

[CdwJava]

You must get the COURT's permission to do this, and the courts are NOT likely to give you this permission while you are on probation for possession or use of marijuana.

From the Attorney General's guidelines:

3. Criminal Defendants, Probationers, and Parolees: Criminal defendants
and probationers may request court approval to use medical marijuana while they
are released on bail or probation. The court’s decision and reasoning must be
stated on the record and in the minutes of the court. Likewise, parolees who are
eligible to use medical marijuana may request that they be allowed to continue
such use during the period of parole. The written conditions of parole must reflect
whether the request was granted or denied. (§ 11362.795.)​

Additionally, when you get your permission to party ... er, your doctor's recommendation, be sure to get the approved state sponsored state medical marijuana identification card. Contact your county health department for information on to obtain this card IF your county participates in the program. This card should prevent most future negative law enforcement contacts - something that your doctor's recommendation will not.

- Carl

 

[HomeGuru]

What is the name of your state (only U.S. law)? California

I was recently charged with cultivation of marijuana but was able to get off with just informal probation/drug classes through PC 1000. After 18 months my charge will be expunged.

My question is whether or not I will be able to safely test positive for THC if I obtain a medical marijuana card now. I did NOT have a card at the time that I was charged. I have heard other people say the judge does not honor the medical marijuana card in certain situations, while others have said that they simply had to show their card to their probation officer to be allowed to smoke. I myself was not assigned a probation officer. I simply have to sign up for drug classes. However, I have not done this yet (I still have 2 weeks left to sign up).

If I get a medical marijuana card before I sign up with these classes and show it to them once I sign up, will they allow me to pass the tests with THC?

**A: nice try.

 

[CdwJava]

PS: Med MJ cards are a joke.

In most instances, I agree.

The 'Doctor' who signs that card has to come to court and testify to the illness for which he is prescribing mj for you.

Actually, the doctor issues a recommendation ... it might BE a card, but it is only a recommendation. The "card" is issued by the state of CA through the local county health department and that card is golden for pot smokers because it allows them to avoid most any repercussions of possession or use. However, very, very few recommendation holders obtain the card ... you can infer the reasons they don't want the added scrutiny.

Remember, it's a defense that you have to prove up - not by showing a crappy card - you have to present the 'Doctor'.
Good luck doing that. The 'Doctor' will be ripped apart on the stand.

Well, it's not quite that bad, but my DA's office has had ZERO percent compliance when requesting information from medical providers who have presented written recommendations. Because of that, we have been unable to confirm ANY of the recommendations for people we have arrested or cited. We can imply what we will from this, but it also means that many of the doctors that issue these cards may not be confident of their decision, or, they fear repercussions from the feds or the AMA. In my experience, the AMA does nothing even for a local doctor that prescribed cannabis to children and pets (three letters of censure ... whoopee!), and with the current administration, fear of the feds in this area will soon dwindle to nothing.


- Carl