2009 Grow Journal
- Thread starter goneindawind
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goneindawind
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yup i been fighting for 2 years now to use medical marijuana on probation and even tho it cost me time and monee it was worth it in the end. everything happens for a reason no matter if its bad or good.
goneindawind
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nah bro i got my medical marijuana recommendation. ive had it for about 4 yrs now, so when i got sentenced i asked the judge to let me use marijuana instead of all the pills i was taking, he approved and told my probation officer that if my paper work from the doctor checked out then he would have to let me use the medicine which helps me best and thats marijuana imho. soo according to my probation officer im 1 of a lucky few in my county to be able to use medical marijuana on probation even tho it took 2 years and a new case.
goneindawind
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if u read prop 215 or sb 420 cant remember which it says that if probation denies your recommendation then u can take it before the judge and request it from him which he wont deny because he is not a doctor and wont challenge the credablity of one.fudge this im too high to type ill post it up from the asa website
goneindawind
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I. Are you a medical marijuana patient in jail or under house arrest?
According to California Health and Safety Code § 11362.785 (SB 420):
1. "Nothing in this article shall require any accommodation of any medical use of marijuana on the property or premises of any jail, correctional facility, or other type of penal institution in which prisoners reside or persons under arrest are detained.
2. Notwithstanding subdivision (a), a person shall not be prohibited or prevented from obtaining and submitting the written information and documentation necessary to apply for an identification card on the basis that the person is incarcerated in a jail, correctional facility, or other penal institution in which prisoners reside or persons under arrest are detained.
3. Nothing in this article shall prohibit a jail, correctional facility, or other penal institution in which prisoners reside or persons under arrest are detained, from permitting a prisoner or a person under arrest who has an identification card, to use marijuana for medical purposes under circumstances that will not endanger the health or safety of other prisoners or the security of the facility."
In layperson's terms this means that medical marijuana patients in jail may submit their information to a County Department of Health to apply for a state medical marijuana ID card. However, a correctional facility is not required to accommodate use of medical marijuana, and it is up to the discretion of the correctional facility supervisor as to whether a patient with a state-issued ID card may medicate during his/her detention, if that medication "will not endanger the health and safety of other prisoners or the security of the facility."
In order to influence the supervisor of your correctional facility to use his/her discretion to let you medicate during your detention, obtain a state medical marijuana ID card (if you are able), and offer possible scenarios in which your medication would not deleteriously affect other prisoners. These scenarios might include allowing you to use edibles or tinctures or setting up a designated medication area. In your appeal, you can also reference the words of current San Francisco County Sheriff Mike Hennessey, who said he would allow terminally ill medical marijuana patients to medicate in jail.
If you are a medical marijuana patient who is serving a part (or all) of your detention in a residence, under house arrest, or in a transitional home, your rights are similar to those of a patient in an actual correctional facility. Because you are still serving the sentence you received (as opposed to having completed it, and being on parole/probation), it is like you are in jail, except that the supervisor whose discretion you need to appeal to will more likely be the County Probation Department or transitional house supervisor, as opposed to the warden. In your appeal, you should note that the fact that you are either in a non-correctional residence or a transition house, and the likelihood of your medication "endangering the health and safety of other prisoners or the security of the facility" is greatly decreased by not being in an actual correctional facility. You may also want to acknowledge that you are aware of the differences between your situation and probation, but that there is a California Appellate Court (3rd District) decision that says not allowing a medical marijuana patient to medicate on probation is unreasonable. Unfortunately, it remains unlikely that the decisionmaker will decide to allow you to medicate during your period of detention.
According to California Health and Safety Code § 11362.785 (SB 420):
1. "Nothing in this article shall require any accommodation of any medical use of marijuana on the property or premises of any jail, correctional facility, or other type of penal institution in which prisoners reside or persons under arrest are detained.
2. Notwithstanding subdivision (a), a person shall not be prohibited or prevented from obtaining and submitting the written information and documentation necessary to apply for an identification card on the basis that the person is incarcerated in a jail, correctional facility, or other penal institution in which prisoners reside or persons under arrest are detained.
3. Nothing in this article shall prohibit a jail, correctional facility, or other penal institution in which prisoners reside or persons under arrest are detained, from permitting a prisoner or a person under arrest who has an identification card, to use marijuana for medical purposes under circumstances that will not endanger the health or safety of other prisoners or the security of the facility."
In layperson's terms this means that medical marijuana patients in jail may submit their information to a County Department of Health to apply for a state medical marijuana ID card. However, a correctional facility is not required to accommodate use of medical marijuana, and it is up to the discretion of the correctional facility supervisor as to whether a patient with a state-issued ID card may medicate during his/her detention, if that medication "will not endanger the health and safety of other prisoners or the security of the facility."
In order to influence the supervisor of your correctional facility to use his/her discretion to let you medicate during your detention, obtain a state medical marijuana ID card (if you are able), and offer possible scenarios in which your medication would not deleteriously affect other prisoners. These scenarios might include allowing you to use edibles or tinctures or setting up a designated medication area. In your appeal, you can also reference the words of current San Francisco County Sheriff Mike Hennessey, who said he would allow terminally ill medical marijuana patients to medicate in jail.
If you are a medical marijuana patient who is serving a part (or all) of your detention in a residence, under house arrest, or in a transitional home, your rights are similar to those of a patient in an actual correctional facility. Because you are still serving the sentence you received (as opposed to having completed it, and being on parole/probation), it is like you are in jail, except that the supervisor whose discretion you need to appeal to will more likely be the County Probation Department or transitional house supervisor, as opposed to the warden. In your appeal, you should note that the fact that you are either in a non-correctional residence or a transition house, and the likelihood of your medication "endangering the health and safety of other prisoners or the security of the facility" is greatly decreased by not being in an actual correctional facility. You may also want to acknowledge that you are aware of the differences between your situation and probation, but that there is a California Appellate Court (3rd District) decision that says not allowing a medical marijuana patient to medicate on probation is unreasonable. Unfortunately, it remains unlikely that the decisionmaker will decide to allow you to medicate during your period of detention.
goneindawind
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A. Are you a patient who would like to discuss medical marijuana with your probation officer?
If the court is not forcing you to test for marijuana, and your Probation Officer is unaware of your patient status, you may not want to mention it until you actually have issues.
However, if you are being tested (and will likely test positive) or your Probation Officer is aware of your medical marijuana patient status, you should present a copy of your recommendation and print a copy of People v. Tilehkooh and ask your probation officer to put them into your file. Explain to your Probation Officer that this case states that it is an unreasonable probation condition to test medical marijuana patients for marijuana, and it affirmatively allows patients to possess, transport, and cultivate their medicine. Try to create a written agreement with your Probation Officer.
To be even safer, you should ask the Public Defender that you had for your original offense to request a Probation Condition Modification Hearing. As a medical marijuana patient, you have the right to get a judge to confirm that you may use your medicine.
California Health and Safety Code § 11362.795(a) (SB 420) states:
1. "Any criminal defendant who is eligible to use marijuana pursuant to Section 11362.5 may request that the court confirm that he or she is allowed to use medical marijuana while he or she is on probation or released on bail.
2. The court's decision and the reasons for the decision shall be stated on the record and an entry stating those reasons shall be made in the minutes of the court.
3. During the period of probation or release on bail, if a physician recommends that the probationer or defendant use medical marijuana, the probationer or defendant may request a modification of the conditions of probation or bail to authorize the use of medical marijuana.
4. The court's consideration of the modification request authorized by this subdivision shall comply with the requirements of this section."
At the Probation Condition Modification Hearing, have your Public Defender present your recommendation and a copy of the Appellate Court (3rd District) decision, People v. Tilehkooh. Ask the judge for an affirmative order to be able to possess, transport and cultivate at least 8 oz. of medical marijuana and 6 mature or 12 immature plants, just like any other California qualified patient.
In the 2003 case of People v. Tilehkooh, 113 Cal.App.4th 1433 (Cal.App. 3rd Dist., 2003) the 3rd District Appellate Court disagreed with its own 2001 ruling in People v. Bianco, 93 Cal.App.4th 748 (Cal.App. 3rd Dist., 2001), and stated that no rehabilitative purpose is served by a probation condition that denies a qualified patient the ability to medicate in cases where there is no claim of diversion or any connection between the prohibition and the original offense.
Unless a different Appellate Court issues a published decision directly contradicting the premise of this case, People v. Tilehkooh should constitute mandatory authority that all Superior Court judges should follow. It is however, important to note that in People v. Berry, 52 Cal.Rptr.3d 634 (Cal.App. 5th Dist., 2006) the 5th District Appellate Court distinguished Tilehkooh, upholding a restrictive marijuana probation condition where it was reasonably related to the original offense (such as in this case where the defendant, who had pled no contest to possession of PCP, had used marijuana as a delivery system for PCP). Additionally, if a judge denies a patient's request for confirmation that he/she can medicate, and follows the requirements of California Health and Safety Code § 11362.795(a), appeals may be difficult because of the wording of the statute.
Patient Anecdote: Several patients have told me that their Probation Officers have said that the doctor's recommendations are invalid because the signing doctor was not local or had not been "approved" by the County Probation Department. Remember, you have the power to choose which doctor you see, not the County Probation Department. According to SB 420, a recommendation is valid if it is issued by an "Attending Physician", which is an individual who possesses a license in good standing to practice medicine or osteopathy issued by the Medical Board of California or the Osteopathic Medical Board of California. Any physician who satisfies this criterion may issue a valid recommendation, whether or not the County Probation Department is willing to recognize it as such.
If the court is not forcing you to test for marijuana, and your Probation Officer is unaware of your patient status, you may not want to mention it until you actually have issues.
However, if you are being tested (and will likely test positive) or your Probation Officer is aware of your medical marijuana patient status, you should present a copy of your recommendation and print a copy of People v. Tilehkooh and ask your probation officer to put them into your file. Explain to your Probation Officer that this case states that it is an unreasonable probation condition to test medical marijuana patients for marijuana, and it affirmatively allows patients to possess, transport, and cultivate their medicine. Try to create a written agreement with your Probation Officer.
To be even safer, you should ask the Public Defender that you had for your original offense to request a Probation Condition Modification Hearing. As a medical marijuana patient, you have the right to get a judge to confirm that you may use your medicine.
California Health and Safety Code § 11362.795(a) (SB 420) states:
1. "Any criminal defendant who is eligible to use marijuana pursuant to Section 11362.5 may request that the court confirm that he or she is allowed to use medical marijuana while he or she is on probation or released on bail.
2. The court's decision and the reasons for the decision shall be stated on the record and an entry stating those reasons shall be made in the minutes of the court.
3. During the period of probation or release on bail, if a physician recommends that the probationer or defendant use medical marijuana, the probationer or defendant may request a modification of the conditions of probation or bail to authorize the use of medical marijuana.
4. The court's consideration of the modification request authorized by this subdivision shall comply with the requirements of this section."
At the Probation Condition Modification Hearing, have your Public Defender present your recommendation and a copy of the Appellate Court (3rd District) decision, People v. Tilehkooh. Ask the judge for an affirmative order to be able to possess, transport and cultivate at least 8 oz. of medical marijuana and 6 mature or 12 immature plants, just like any other California qualified patient.
In the 2003 case of People v. Tilehkooh, 113 Cal.App.4th 1433 (Cal.App. 3rd Dist., 2003) the 3rd District Appellate Court disagreed with its own 2001 ruling in People v. Bianco, 93 Cal.App.4th 748 (Cal.App. 3rd Dist., 2001), and stated that no rehabilitative purpose is served by a probation condition that denies a qualified patient the ability to medicate in cases where there is no claim of diversion or any connection between the prohibition and the original offense.
Unless a different Appellate Court issues a published decision directly contradicting the premise of this case, People v. Tilehkooh should constitute mandatory authority that all Superior Court judges should follow. It is however, important to note that in People v. Berry, 52 Cal.Rptr.3d 634 (Cal.App. 5th Dist., 2006) the 5th District Appellate Court distinguished Tilehkooh, upholding a restrictive marijuana probation condition where it was reasonably related to the original offense (such as in this case where the defendant, who had pled no contest to possession of PCP, had used marijuana as a delivery system for PCP). Additionally, if a judge denies a patient's request for confirmation that he/she can medicate, and follows the requirements of California Health and Safety Code § 11362.795(a), appeals may be difficult because of the wording of the statute.
Patient Anecdote: Several patients have told me that their Probation Officers have said that the doctor's recommendations are invalid because the signing doctor was not local or had not been "approved" by the County Probation Department. Remember, you have the power to choose which doctor you see, not the County Probation Department. According to SB 420, a recommendation is valid if it is issued by an "Attending Physician", which is an individual who possesses a license in good standing to practice medicine or osteopathy issued by the Medical Board of California or the Osteopathic Medical Board of California. Any physician who satisfies this criterion may issue a valid recommendation, whether or not the County Probation Department is willing to recognize it as such.
goneindawind
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B. Are you a patient who has been charged with a probation violation?
1. Arraignment
Your first court appearance will be an arraignment where the judge will ask you to plead Guilty or Not-Guilty. We advise you to show up well-dressed and early to your arraignment (ideally a half-hour before), and make contact with the Public Defender on duty who will likely appear in the front of the courtroom addressing the audience. Please be aware that Public Defenders have many cases, so be polite. Keep in Mind: This Public Defender on duty will only represent you at this appearance, and you will likely receive a different Public Defender for the duration of your case after pleading Not Guilty if you qualify under your county's standards.
Please bring with you two (2) copies of the following to give to the Public Defender on duty:
* Your recommendation (and any other relevant recommendations for collective situations); also, bring the original recommendation for verification purposes, just in case.
* Your state medical marijuana identification card, if you have one (See this list of counties participating in the state ID card program).
*
People v. Tilehkooh, 113 Cal.App.4th 1433 (Cal.App. 3rd Dist., 2003). In a 2003 decision, the 3rd District Appellate Court disagreed with its own 2001 ruling in People v. Bianco, 93 Cal.App.4th 748 (Cal.App. 3rd Dist., 2001), and stated that no rehabilitative purpose is served by a probation condition that denies a qualified patient the ability to medicate in cases where there is no claim of diversion or any connection between the prohibition and the original offense.
Unless a different Appellate Court issues a published decision directly contradicting the premise of this case, People v. Tilehkooh should constitute mandatory authority that all Superior Court judges should follow. It is however, important to note that People v. Berry, 52 Cal.Rptr.3d 634 (Cal.App. 5th Dist., 2006) did distinguish Tilehkooh, in that where a restrictive marijuana probation condition is reasonably related to the original offense (such as in this case where the defendant, who had pled no contest to possession of PCP, had used marijuana as a delivery system for PCP), the 5th District Appellate Court would uphold it.
Give the Public Defender on duty these documents, note that your original offense was unrelated to marijuana, if this is so, and that there is no evidence of diversion (if appropriate), and explain that, as a California qualified patient on probation with less medical marijuana than the minimum allowed under the guidelines, you were simply exercising your rights under the law, and have done nothing illegal. Then, ask the Public Defender to bring your documentation to the District Attorney (DA) on duty before your arraignment, and attempt to explain your situation in an effort to get the DA to dismiss the case without even having to plead.
Sometimes, this will work, and the DA will decline to pursue charges. However, often, because of a DA or a judge who refuses to recognize settled law, the case will continue. If so, you will be arraigned, and, when standing in front of the judge, you are likely advised to plead Not Guilty, as you will not waive any of your rights, and can always choose to accept a deal and plead Guilty later in the process. At this point (or soon after) you are likely to be assigned a Public Defender to represent you for the duration of the case.
2. Motions Hearings, Pre-trial Hearing
After your Arraignment, your Public Defender will represent you at several hearings at which she/he can argue motions and set the parameters for trial.
You should ask your Public Defender to raise the medical marijuana defense during these hearings by making a Motion to Set Aside the Indictment or Information under Penal Code § 995, otherwise known as a "Section 995 Motion to Dismiss", and in it, he should cite People v. Tilehkooh.
Contact ASA's Legal Coordinator if your Public Defender is having trouble getting your case dismissed, and you would like him/her to consult with ASA's Legal Department on medical marijuana and legal strategy matters
1. Arraignment
Your first court appearance will be an arraignment where the judge will ask you to plead Guilty or Not-Guilty. We advise you to show up well-dressed and early to your arraignment (ideally a half-hour before), and make contact with the Public Defender on duty who will likely appear in the front of the courtroom addressing the audience. Please be aware that Public Defenders have many cases, so be polite. Keep in Mind: This Public Defender on duty will only represent you at this appearance, and you will likely receive a different Public Defender for the duration of your case after pleading Not Guilty if you qualify under your county's standards.
Please bring with you two (2) copies of the following to give to the Public Defender on duty:
* Your recommendation (and any other relevant recommendations for collective situations); also, bring the original recommendation for verification purposes, just in case.
* Your state medical marijuana identification card, if you have one (See this list of counties participating in the state ID card program).
*
People v. Tilehkooh, 113 Cal.App.4th 1433 (Cal.App. 3rd Dist., 2003). In a 2003 decision, the 3rd District Appellate Court disagreed with its own 2001 ruling in People v. Bianco, 93 Cal.App.4th 748 (Cal.App. 3rd Dist., 2001), and stated that no rehabilitative purpose is served by a probation condition that denies a qualified patient the ability to medicate in cases where there is no claim of diversion or any connection between the prohibition and the original offense.
Unless a different Appellate Court issues a published decision directly contradicting the premise of this case, People v. Tilehkooh should constitute mandatory authority that all Superior Court judges should follow. It is however, important to note that People v. Berry, 52 Cal.Rptr.3d 634 (Cal.App. 5th Dist., 2006) did distinguish Tilehkooh, in that where a restrictive marijuana probation condition is reasonably related to the original offense (such as in this case where the defendant, who had pled no contest to possession of PCP, had used marijuana as a delivery system for PCP), the 5th District Appellate Court would uphold it.
Give the Public Defender on duty these documents, note that your original offense was unrelated to marijuana, if this is so, and that there is no evidence of diversion (if appropriate), and explain that, as a California qualified patient on probation with less medical marijuana than the minimum allowed under the guidelines, you were simply exercising your rights under the law, and have done nothing illegal. Then, ask the Public Defender to bring your documentation to the District Attorney (DA) on duty before your arraignment, and attempt to explain your situation in an effort to get the DA to dismiss the case without even having to plead.
Sometimes, this will work, and the DA will decline to pursue charges. However, often, because of a DA or a judge who refuses to recognize settled law, the case will continue. If so, you will be arraigned, and, when standing in front of the judge, you are likely advised to plead Not Guilty, as you will not waive any of your rights, and can always choose to accept a deal and plead Guilty later in the process. At this point (or soon after) you are likely to be assigned a Public Defender to represent you for the duration of the case.
2. Motions Hearings, Pre-trial Hearing
After your Arraignment, your Public Defender will represent you at several hearings at which she/he can argue motions and set the parameters for trial.
You should ask your Public Defender to raise the medical marijuana defense during these hearings by making a Motion to Set Aside the Indictment or Information under Penal Code § 995, otherwise known as a "Section 995 Motion to Dismiss", and in it, he should cite People v. Tilehkooh.
Contact ASA's Legal Coordinator if your Public Defender is having trouble getting your case dismissed, and you would like him/her to consult with ASA's Legal Department on medical marijuana and legal strategy matters
goneindawind
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ok that should explain my situation. this is also how i fought for my right to medicate.
GrowinGreen
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goneindawind, that is some good info. i'm glad you were able to get a card. and how are those plants doing? harvest time!?
goneindawind
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thnx bro glad to help. shes doin great bout to finish up week 7 on sunday, but i dont think i will harvest for til the 11th or 12th week jus cuz i love the knock out punch from the amber crsytals.GrowinGreen said:
swiftgt
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thanks for the info, it was an intresting read!
i wish my goverenment would recognize the medical benifit of cannabis.
but they dont!
im glad that things are starting to change over there though,
so how are the plants doing?
i wish my goverenment would recognize the medical benifit of cannabis.
but they dont!
im glad that things are starting to change over there though,
so how are the plants doing?
goneindawind
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sooon my friend, soon we wont have to hide any more. no matter wat they try to say or do we are the majority we are the ones paying for all their salaries even in recessions. all truth comes out eventually no matter how much propaganda u use to bury it dumb the masses from the truth.man im high ok the plants they are doing awesome. the sour in the dwc is goin into week 8 on monday, i took 6 clones from her before she went into flower(gave 3 away didnt need them plus i love sharing with good friendsswiftgt said:
)soo the three i got are getting big one got topped and lsted and sent into bloom after a 2 week veg, the other will be crossed with godberry male thats starting to show sacks now, and the third will be vegged for early spring outdoor test bloom. the mobboss sprouts are doing great they are more then a week old now. the auto flower should be done soon most the seeds look tiger striped and brown jus waiting for a few more. will post pics shortly:holysheep:goneindawind
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thnx nah im not gunna flush for another two weeks at least im gunna be giving her a phos. nute starting next week to get those buds really filled in then ill give her another 10 to 14 day flush and she should be ready. yup hurry up and wait lol.
goneindawind
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ok here r the pics my last cam ran on AA batteries and it drove me crazie. i had to buy new batteries every time and most the time it had be a certain kind so i got fed up and had my gurl go buy a new one with a built in battery. its still a samsung but its 10.2 megapix instead of 8.2 well here are the pics the bud pics r from the seeded auto russian diesel, the babies are the mobboss (chemdawgDxtang tang), and one from the sour d clone that will be getting pollenated bymy godberry male.
![SDC10490 [mp].JPG](https://cdn.imagearchive.com/marijuanapassion/data/attach/87/87511-SDC10490-mp-.JPG "SDC10490 [mp].JPG")
![SDC10491 [mp].JPG](https://cdn.imagearchive.com/marijuanapassion/data/attach/87/87512-SDC10491-mp-.JPG "SDC10491 [mp].JPG")
![SDC10492 [mp].JPG](https://cdn.imagearchive.com/marijuanapassion/data/attach/87/87513-SDC10492-mp-.JPG "SDC10492 [mp].JPG")
![SDC10493 [mp].JPG](https://cdn.imagearchive.com/marijuanapassion/data/attach/87/87514-SDC10493-mp-.JPG "SDC10493 [mp].JPG")
![SDC10494 [mp].JPG](https://cdn.imagearchive.com/marijuanapassion/data/attach/87/87515-SDC10494-mp-.JPG "SDC10494 [mp].JPG")
goneindawind
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here is a macro of the last shot hope i did this rite. anyone now a good tutorial on macros?
![macroard [mp].jpg](https://cdn.imagearchive.com/marijuanapassion/data/attach/87/87516-macroard-mp-.jpg "macroard [mp].jpg")
swiftgt
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looking tasty as usual man!
so covered in trich goodness! dam you!
take a look at this,
http://digital-photography-school.com/macro-photography-tips-for-compact-digital-camera-users
might help for a start.
good to here you got a new cam, can i ask how did you spend?
so covered in trich goodness! dam you!
take a look at this,
http://digital-photography-school.com/macro-photography-tips-for-compact-digital-camera-users
might help for a start.
good to here you got a new cam, can i ask how did you spend?
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