Expert: Robin Sexton - 8/19/2009

Question
i am curious to find out the law on california's marijuana prescriptions for probationers.  can I be on probation in california and have a prescription for marijuana?  I would like to transfer there if that is possible.  thank you for your time.

Answer
Etan,

I apologize for the delay in responding to your question. It required some research on my part at it is not a law that i am real familiar with.
I presume you are referring to what is commonly  known as California Prop 215. I reviewed the statute as passed and there is nothing in it that prevents someone on probation from being included.  However the question would be if the probation requirements restricts the possession or use of marijuana.  Probation is a court order and has to abided by. Their requirements can be altered but only on court approval.  If there is a restriction in the probation order regarding certain substances and testing then that would be an issue.  However in most situations there is tolerance for prescribed substances being used.  I would suspect that if a person had a prescription for marijuana that they would be given a medical waiver for probation purposes. However these are issues that should be discussed with the probation authority and or legal counsel.

Hope this helped



robin