is it legal if i really need it?

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


Confused on Federal probation and marijuana

Jurisdiction/Place: USA - California

Hello All

I am a mother with 2 kids in California.

I am on FEDERAL probation for a NON violent and NON drug matter.

Prior to my probation I had a doctor's script for marijuana. And during my probation I continued renewing it.

On the monthly reports that I have to fill out for my probation officer there is a section that I must check off.
This section reads: "DO YOU POSSESS OR USE ANY ILLEGAL DRUGS".
I have been checking off NO.

I get the script from a medical licensed internist doctor and buy it from a store. Not the streets. And believe it or not I use it not to get "high". I have been prescribed ativan and other medication to no avail. I was hesitant at first but it actually worked for ME.

Either way since I believe I can use it in California???, the fact I am on FEDERAL probation and not State probation, NOW concerns me as I have been checking off NO on the reports for over a year now and have three years left on my probation.

Questions:
1. Does the doctors office report my script (and others) to the government?
2. Do the store(s) I purchase from report us customers to the government? or if they get shut down for whatever reason will their records be provided to some database and my probation officer finds out?
3. Should I just tell my probation officer, considering I am not on probation for drug use or drug sales? And the fact I really do need it and my doctor agrees?
4. Should I not say anything as she will never find out...or will she based on above questions?
My officer does "surprise" visits to my home every so often but she only comes in and speaks to me and my husband for a little and leaves.

Thanks so very much

I do not believe the doctors actually prescribe MJ. I think it is considered a recommendation or some such terminology.


I think you need to speak with a lawyer about this specific issue. I suspect the federal PO will have a problem with your use. The feds consider it illegal regardless what California may allow. In fact, the feds could go in and arrest MJ possessors in Cal if they can claim jurisdiction, which isn't very difficult from my understanding.

Keep an eye out for a poster "CDWJava". He is a California cop and seems to be pretty informed about situations such as this, or at least has great insight into what is likely to happen.

feduplady said:

I am on FEDERAL probation for a NON violent and NON drug matter.

Prior to my probation I had a doctor's script for marijuana. And during my probation I continued renewing it.

On the monthly reports that I have to fill out for my probation officer there is a section that I must check off.
This section reads: "DO YOU POSSESS OR USE ANY ILLEGAL DRUGS".
I have been checking off NO.

Click to expand...

Remember the feds do not recognize marijuana as a "medicine." Ergo, to them it IS an illegal drug.

1. Does the doctors office report my script (and others) to the government?

Click to expand...

No. Your recommendation is not reported to the government. Most doctors that issue these recommendations would rather avoid the attention anyway.

2. Do the store(s) I purchase from report us customers to the government? or if they get shut down for whatever reason will their records be provided to some database and my probation officer finds out?

Click to expand...

The store won't report you, but if they get shut down any list of buyers might fall into the hands of the authorities.

3. Should I just tell my probation officer, considering I am not on probation for drug use or drug sales? And the fact I really do need it and my doctor agrees?

Click to expand...

That's up to you. But if they drug test you and you come up dirty (and if you're using, you will) you could get sent back to prison.

4. Should I not say anything as she will never find out...or will she based on above questions?

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If your PO finds out on her own, she will likely toss the book at you. If you tell her, there may be no serious penalty other than you being told to stop using. But, she may never find out.

This is a gamble you need to evaluate for yourself.

Hello CdwJava

Thanks for your help!

Since I have been on Federal probation for over one year and not tested once do you still think I will get tested? Does everyone get tested?

My paperwork does not say anything about being drug tested, other than the DNA one.

Thanks

feduplady said:

Hello CdwJava

Thanks for your help!

Since I have been on Federal probation for over one year and not tested once do you still think I will get tested? Does everyone get tested?

My paperwork does not say anything about being drug tested, other than the DNA one.

Thanks

Click to expand...

I cannot pretend to know what will happen.

But, if they find out about the marijuana because, say, you get arrested or cited for possession, transportation, or sales, then they will find out about it and they will likely toss you in the clink.