Probation in CA-Prof Legal Advise Please

Hello all,
Not too long ago I had my first unfortunate experience with what happens when someone things calling 911 is going to help a situation. Lets just say the police were quick to cuff and the caller/"victim" did not even want me arrested. I landed a few charges which turned in to one misdemeanor.

I took a plea because I was advised to by the lawyer I had a consult with and did not want to retain for $1500/day and $5k pretrial retainer when I could get probation, community service, and classes, plus have it all expunged in a year. It sucks so much to have to bend over to a charge I am innocent of just to guarantee that I won't be screwed by the system any more than I had been already (3 days of reducing my bail over and over while my family sat in reception with enough cash to keep the lights on for 5 years).

I am a bit concerned that I may NEED 420 specific legal representation beyond telling my public defender to site people v Tilekooh. My anger management program is a private agency that is "court approved" and services only those individuals who are court-ordered to cut them a fat check ($400 for 10x 1.5hr classes and most people are there for 22+ sessions). During my initial intake evaluation, the administrator stated the company has a zero tolerance policy regarding drugs and alcohol. I presented my medicann card and was told "we don't accept that" if you test positive for thc during one of our random drug screens you will be placed in a drug and alcohol rehabilitation program. She did not state whether I would also land a probation violation or not for that positive reading but I would imagine so seeing as I signed paperwork allowing them to communicate with the court and probation regarding my compliance with their program.

People v. Tilekooh clearly creates case law that grants immunity from probation violation and other marijuana related charges to patients while they are on probation. Unless I am missing something this would mean that this agency cannot be lawfully "court-approved" because their policies violate the constitutional rights of medical marijuana patients, probation or no probation. I tried to stop smoking but had severe pain and a panic attack (daydream nightmare of being arrested for probation violation) at my office. The anxiety I have experienced since being assigned to these classes has negatively effected my mental health and caused anxiety and panic attacks. I carry around printed court cases and the H&S Code in hard copy when I go to these classes. Because of this "zero tolerance policy" my health will surely suffer for the entire 10 weeks and I quite possibly may be jailed for testing positive for THC. If not jailed I will be enrolled in to an expensive drug and alcohol rehab class conveniently run by the same company taking my pee and running the anger management programs. Is this legal? I feel it must not be. Is a court approved program with such strong ties to probation not bound to conform to the same conditions of probation.

If the H&S 11362.5 can be used as a defense to reverse a probation violation it does not make any sense how this could be legal. I would like to know what I should do if I am forced to give a urine sample that comes back positive for THC. More importantly I would like to know if I have any case to bring against this agency on behalf of myself as well as another patient whom is currently enrolled in my session. I am sure there are many others. This seems worthy of a settlement to the patients that are suffering unjustly at the hands of "court approved" rehabilitative programs when our charges have nothing to do with cannabis.

Wow what county are you in? This website is helpful in instructing you how to go about this http://www.redwoodcurtaincopwatch.net/node/181

I am on probation in Riverside county, Southern California. My boyfriend is on probation in Los Angeles county. Both of us have presented our doctors scripts and explained our medical needs. They always say the same thing, if you fail a drug test you will have to go in front of a judge. My public defender explained the same thing to me before I took the deal. No judge is actually going to violate you if you have a recommendation from a real doctor for a valid medical reason. At that hearing they will decide the new conditions of your probation based on a medical need. So yes is essence you will fail and need to go in front of a judge, but this is the means to and end.

Now if you got a recommendation for a small "almost" not medical need. Meaning anything that doesnt have prior documentation. I personally have mental health records dating back many years and my boyfriend has back problems that come with MRIs. If you are saying you have trouble sleeping but didnt see a doctor other then the MMJ doc then yeah you might just want to quit smoking while on probation because they maybe able to violate you. Although even then... I really doubt it.

Your problem may come from the specific program they have you in because your probation is based on you passing THAT program. So they could possibly ignore what you are legally allowed to do for what they will not allow to pass THEIR program.

I think you are right and your best bet is to contact an MMJ attorney to at least be advised if the treatment center has the right to take away your rights as a medical patient.

I think perphaps you are confusing yourself about what the actual section of H&S 11362.5 really is and how it might relate to your sitituation. First off, for simplicity, People vs Tilekooh is a case law that allowed probationer to medically smoke their MJ. Therefore, the verdict of People vs Tilekooh is what gave probationer their rights which is this:


Criminal Defendants, Probationers, and Parolees:

I would smoke anyway, and cuss the judge out to his face if he said I tested positive and that he didn't recognize my MMJ card. I would get a contempt charge for cussing the judge I know that and thrown in jail and I'd be yelling as loud as I could as the bailiffs dragged me away yelling to the judge ..."the first thing I'm gonna do when I get out is toke up my MMJ regardless of your violations of my state's constitutional rights and you'll be seeing me in the media about this!!!" I'm not telling you to do this, it's just what I would do because I have a HUGE martyr complex for what I believe in. I watched Cool Hand Luke with Paul Newman way too many times . I'd gamble my freedom if I was in your shoes, and then if I ended up in jail for testing positive for THC, I'd "TRY" to make a lawsuit out of it as a MMJ card carrier. It just seems like there would be some California attorney that would jump at taking a case like that.

Regardless of whether I had a lawsuit or not for being jailed for testing positive for THC as a MMJ card carrier....I still wouldn't stop toking my MMJ. I am in Colorado by the way and also have MMJ papers. Like Cannabish said about her boyfriend, I too have an MRI and Cat Scan for chronic back and hip pain, as well as 6 years worth of empty Methadone bottles from a pain doctor I went to.

I would've told "whoever" up front and been honest, and said I have MMJ papers that guarantee me protection under the state, and like it or not I'm using my MMJ and I'm telling you in advance that I WILL TEST POSITIVE , and I also would've wrote that ON whatever paper I signed, whether it would've meant anything or not to a judge...so what...but at least it would've been honest.

I've heard about cases in MMJ states where people would have to go before the judge for testing positive for THC ....but MMJ card carriers and never heard of any judge doing anything about it. I'm speaking for myself...I wouldn't stop my MMJ , and I'd be willing to get into a shouting match with the judge over it, and bring the media into it as well, if your willing to make extreme sacrifices ... you'll get your rights back. The courts are so used to violating people's rights and seeing so many people cower and shake, that when they get that rare person that knows their getting violated ...and is willing to stand up, even to the point of martyrdom , and especially over something as trivial as a fuckin piss test fail on a person who has a MMJ recommendation... what judge is going to want to be put under the public spotlight for violating someone's rights under a state amendment that guarantees protection, but you have to be willing to speak up for yourself and let it be known your going to fight them on it, that MMJ recommendation you have TRUMPS any bullshit rule that they say you can't test positive.