Medical Marijuana While On Probation, Parole, or In Jail
QUALIFIED PATIENTS MAY DEFEAT A PROBATION VIOLATION.
PEOPLE v. TILEHKOOH (2003) [113 Cal. App. 4th 1433] – Probationers may be allowed to use medical marijua na, even when on probation for marijuana or controlled substance offenses. Federal laws are not enforced in our state courts. The term “obey all laws” as a condition of probation does not pertain to federal laws. (See People v. Kha (2007)[157 Cal. App. 4th 355]) However in People v. Bianco (2001) [93 Cal. App. 4th 748] held that judges have the discretion to refuse to give permission for medical marijuana use during probation or prohibit its use during probation. In addition, in People v. Moret (2009) [180 Cal. App. 4th 839], the court had the right to require the defendant to turn in his medical marijuana card during his probation sentence.
Persons who are incarcerated may not be punished or prevented from obtaining a patient I.D. card [ H&S Code 11362.785(b)].
A prisoner or person under arrest who has an I.D. card cannot be prohibited from using marijuana for medical purposes under the circumstances that the use will not endanger the health or safety of other prisoners or the security of the facility [SB 420; H&S Code §11362.785(c)].
Probationers and parolees may be allowed to use medical marijuana with the approval court or parole board [SB 420; H&S Code §11362.795].
Note from Bruce: Medical marijuana patients are eligible for Proposition 36 treatment. See People v. Beatty (2010) [181 Cal. App. 4th at 644].