Marijuana Restriction for felony battery case.

[FYI11995]

California State

I was convicted of felony battery. They took away my right to use marijuana, even though I was not high at the time of the incident. Even my probation officer said that he thought I should be able to use my weed.

The case involved ordering me to get treated for mental health, but I've been stable on meds and mixing them with weed for two years with no issue. I think the issue is that psychiatrist refuses to recommend marijuana.

Do I need a doctors note from him or can I get it from another doctor to make a motion. I imagine my motion would be dead in the water without that docs note?

 

[Zigner]

These are great questions to bring up with your attorney.
I know you're going to say you don't have an attorney. You may even say you can't afford an attorney. The reality, unfortunately, is that it is extremely unlikely for you even to have a chance at success in this matter if you try to bring it forward yourself.

 

[FYI11995]

I don't have an attorney now because the case ended. I may hire one if I believed there was any chance of winning. I didn't think I had a chance without a docs note.

 

[zddoodah]

I didn't think I had a chance without a docs note.

If your claim is that you have a medical necessity for marijuana, then yeah, you'll have no chance of succeeding on a motion without testimony from a doctor.

 

[adjusterjack]

If you can get a doctor's prescription it shouldn't cost you anything to draft a motion by yourself and file it with the court.

Keep in mind that motions have to also be served on the other party in the case (the prosecutor) and he will have an opportunity to respond to it before the judge rules on it.

 

[FYI11995]

Where can I get a docs note if my current psychiatrist won’t do it?

 

[adjusterjack]

Why won't your current psychiatrist prescribe it? Did you ask him?

 

[FYI11995]

Why won't your current psychiatrist prescribe it? Did you ask him?

He said he would never use marijuana as a psy med (Aka: He doesn't believe in it.) I imagine he doesn't want to get in trouble or something. He even asked his co workers if any of them would do it and they all said no.

 

[Eekamouse]

He said he would never use marijuana as a psy med (Aka: He doesn't believe in it.) I imagine he doesn't want to get in trouble or something. He even asked his co workers if any of them would do it and they all said no.

Well, then maybe marijuana isn't really helping you. Have you tried taking your meds without using marijuana?

 

[FYI11995]

Yes, multiple times. It helps me with my depression in a way that big pharma can not.
That was irritating btw

 

[quincy]

California State

I was convicted of felony battery. They took away my right to use marijuana, even though I was not high at the time of the incident. Even my probation officer said that he thought I should be able to use my weed.

The case involved ordering me to get treated for mental health, but I've been stable on meds and mixing them with weed for two years with no issue. I think the issue is that psychiatrist refuses to recommend marijuana.

Do I need a doctors note from him or can I get it from another doctor to make a motion. I imagine my motion would be dead in the water without that docs note?

One of the standard conditions of probation is no use of non-prescribed drugs. How long ago was your conviction? How much longer is your probation?

 

[FYI11995]

One of the standard conditions of probation is no use of non-prescribed drugs. How long ago was your conviction? How much longer is your probation?

A little less than 2 years. I have a med card. I don’t know if that counts for anything.

 

[quincy]

Is the psychiatrist you are seeing a court-appointed psychiatrist or one you chose yourself?

Even if you can persuade your current psychiatrist to, or can find another doctor who will, prescribe marijuana, you still would need to return to court to get a modification of the terms of your probation. And for that, an attorney will be helpful.

Here is a link to California’s law on cannabis use when on probation or parole:

https://codes.findlaw.com/ca/health-and-safety-code/hsc-sect-11362-795/

I wish you good luck with your mental health treatment and recovery.

 

[FYI11995]

Is the psychiatrist you are seeing a court-appointed psychiatrist or one you chose yourself?

Even if you can persuade your current psychiatrist to, or can find another doctor who will, prescribe marijuana, you still would need to return to court to get a modification of the terms of your probation. And for that, an attorney will be helpful.

Here is a link to California’s law on cannabis use when on probation or parole:

https://codes.findlaw.com/ca/health-and-safety-code/hsc-sect-11362-795/

I wish you good luck with your mental health treatment and recovery.

I chose him myself but I honestly can't find one around here that will help. I called around. I'm in the Sac area.

 

[quincy]

I chose him myself but I honestly can't find one around here that will help. I called around. I'm in the Sac area.

Unfortunately, there are only a limited number of serious medical conditions where marijuana use has been studied and shown to be beneficial in medical treatment (e.g., cancer, glaucoma, arthritis).

Although under California’s “Compassionate Use Act” a physician cannot be punished for recommending marijuana for use by a patient, most physicians will not prescribe the drug unless there is a clear medical necessity. Apparently your psychiatrist does not see a medical necessity. And any other doctor might be reluctant to prescribe it while you are under both a psychiatrist’s care and on probation restrictions.

I personally think that your best option is to speak with your current psychiatrist and explain to him (again) why you feel you need marijuana. If marijuana helps you with your depression, and your psychiatrist will prescribe it, you can then move to modify your terms of probation.

Good luck.