Medical Marijuana Patients on Probation or Parole

 

February 2009:
Medical Marijuana Patients on Probation or Parole

As a California medical cannabis patient, in order to be able to medicate while on probation, you should present a copy of your recommendation and print out a copy of People v. Tilehkooh for your probation officer to include in your file.

 

You can explain to your Probation Officer that this case states that medical marijuana patients who were not convicted of marijuana related charges should be permitted to possess, transport, and cultivate their medicine while on probation. If possible, try to create a written agreement with your Probation Officer.

If your Probation Officer refuses to accept your documentation, ask the Public Defender you had for your original offense to request a Probation Condition Modification Hearing. When you appear before a judge, present your recommendation with a copy of People v. Tilehkooh, and ask the judge for an affirmative order to be able to medicate.

As a medical cannabis patient on parole, all you need to legally be able to medicate is a State issued ID card from your county.  Copy both sides of the card and give this to your Parole Officer to place in your file, along with a printed copy of the California Parole Policy

According to this policy [CA Parole Policy regarding prop 215 and senate bill 420],

"Parolees who qualify to obtain a medical marijuana identification card to possess a prescribed amount of marijuana for medical purposes shall ensure that their assigned Parole Agent receives a copy of the identification card for placement in the parolee's field file prior to the parolee obtaining possession of the marijuana. The parolee . . . will not be subject to substance testing for marijuana while under the parole custody and supervision of the California Department of Corrections and Rehabilitation."

 

Americans for Safe Access (ASA) website