The safest course of action is for an individual to ask their probation officer if they may use medical marijuana prior to using it. It will likely depend on the probation conditions. I read that in pennsylvannia some counties allow probationers to use medical marijuana while others dont.. Martin, thank you for your comment. Fortunately, several Commonwealth's Attorneys in Virginia are no longer prosecuting possession of marijuana cases.
We will see what the future holds for marijuana laws in the Commonwealth. I have been smoking for only two years now, and have come to realize that the only bad side effects of it are, umm, err, well I can't think of any at the moment but let me get back to you on that one. I am not stupid, I am not unmotivated, I can hold a job, I am not violent, but rather positive, I don't hurt anyone and actually help someone by buying their marijuana, etc.
Join the Discussion. Any time you receive a must appear citation meaning you must go to court you should contact a lawyer for assistance. A lawyer can immediately start preparing your defense so that the outcome of your case will not be decided in the last minute right before the judge begins court. In some cases a lawyer may be able to negotiate a dismissal for your citation before court, which means you may not even have to show up for your trial. Many jurisdictions in the United States classify misdemeanors as crimes with a maximum jail sentence of one year, but Maryland does not subscribe to this theory.
Misdemeanors can carry harsh prison sentences, sometimes as high as ten years! Assault, drug possession and burglary may be misdemeanors, but these crimes can have serious collateral consequences upon conviction such as the inability to become a U.
There are advantages for Maryland classifying a large number of crimes as misdemeanors rather than felonies. Despite the harsh maximum penalties for some misdemeanors a conviction for one of these crimes will not result in a loss of civil rights. Convicted felons can lose fundamental rights such as the right to vote and to bear arms for relatively minor felony convictions in other states.
Hundred of citizens lose their civil rights each year for possession of cocaine or possession of prescription drug convictions. Do not gamble with your future if you are charged with a criminal, traffic or civil citation for a misdemeanor in Maryland. The harsh maximum sentences, and collateral consequences of misdemeanor convictions make it all the more important to retain an experienced and skilled criminal defense lawyer to handle your case.
Regardless of whether you are injured in a car accident, or a slip and fall accident the first thing you should do is call for emergency medical response. Even if you do not think you are seriously injured you should get checked out by a Maryland emergency medical services or EMS crew before leaving an accident scene. There are a variety of long term serious injuries that are not immediately apparent such as whiplash and even head trauma.
Declining immediate medical attention can have serious negative consequences for your health and for a potential damages claim. If emergency medical services do not recommend a trip to the hospital, make sure that you arrange to receive a copy of either an EMS narrative, or a police report detailing the facts surrounding the injury accident.
After an injury accident occurs and any injured parties have been treated, you should try to document the details of the accident to the best of your ability. If you have a camera or a cell phone camera take various pictures of the accident scene. Try to talk to any witnesses or have the police take witness statements. Write down the names of anyone who you think was a witness to the injury accident.
Accident scenes can be traumatic but remaining calm and making an effort to remember details can improve your chances of earning monetary damages in a lawsuit. Try to remember not to talk about the accident with anyone except police and EMS.
Anything you say at the scene of the accident can later be used by insurance defense lawyers to weaken your damages lawsuit. Do not give a statement to any insurance agents or defense lawyers without first consulting an experienced Baltimore injury lawyer. Insurance adjusters, agents, and lawyers may try to contact you in order to work out a quick settlement for your injuries. These parties are not out for your best interests and settling a claim for damages without the advice of a Baltimore accident lawyer can end up costing you thousands of dollars.
If you are experiencing any pain or discomfort due to injuries suffered in an accident, seek a medical evaluation immediately. Waiting to see a doctor can weaken a potential damages lawsuit, and in some cases completely bar any monetary recovery.
If a medical doctor has ordered follow up treatment or rehabilitation for your accident injuries make sure you follow these orders. Once again, neglecting to rehabilitate injuries can weaken a potential claim for damages. The Baltimore injury lawyers of The Herbst Firm will guide you through the process of recovering from an injury accident from day one. The Herbst Firm is committed to representing your best interests and earning the settlement or verdict you deserve, while keeping you informed each step of the way.
The short answer to this question is yes, your probation can be violated if you test positive for marijuana. Testing positive could result in a technical violation, and a summons or an arrest warrant could be issued for you.
This is true regardless of the fact that the simple possession of marijuana is no longer a crime under Maryland law, and is only punishable by a civil citation. While possession of small amounts is not a crime, this does not mean that weed is a legal substance under state law.
When a defendant pleads guilty or no contest and is sentenced to probation it is typically a standard condition that he or she is prohibited from using controlled dangerous substances CDS. Therefore if a defendant is drug tested and fails a violation could result. Most probation officers will typically wait at least 30 days from the start of probation to test and violate someone for marijuana use, and most judges realize that pot can stay in the system for a month.
While testing positive for a substance that is barely illegal may not seem like a big deal, any violation of probation could result in jail time or the loss of a PBJ which will impose a permanent conviction. This is especially true for someone who is on a high level of supervision such as VPI probation. There may be one exception to this regarding medical marijuana, as a defendant with a valid prescription for medical marijuana would likely have a legal defense to any potential violation. If you or someone you know is arrested for a criminal offense in Maryland, there are a few important things to remember.
Perhaps the most important thing to keep in mind if you are ever arrested for any crime in Maryland is to remain silent. This does not mean that you should be uncooperative with police officers but under no circumstances should you volunteer information to police.
Any information that you freely and voluntarily give to police officers can be used against you in your criminal case. And some police officers will even say your statements were given freely and voluntarily when just the opposite is true. Making any statements to police about your criminal case may hamper your lawyer's ability to defend your case.
This is true for all criminal cases from misdemeanors such as DUI and drug possession all the way to felonies such as robbery and rape. For example if you are pulled over for DUI you may be required to produce your license and registration, but try to minimize small talking with the police.
Police officers are trained to gather evidence from criminal suspects during all kinds of interactions. You may think that chatting with police can help you to avoid an arrest but in reality you may be giving a police officer probable cause to arrest you for by simply opening up your mouth.
Unsupervised probation subjects you to random drug testing. As a condition of probation, you must attend 8 hours of drug education or complete 24 hours of community service. Misdemeanor Marijuana Plea Agreement Language.
Defendant must complete 8 hours of drug education or 24 hours of Community Restitution. Under the TASC program, marijuana cases involve 3 to 6 months of drug screening, education, and counseling. Participants cannot use drugs or alcohol while in the program; there are exceptions for prescribed medication and medical marijuana. You can also use medical marijuana with a medical marijuana card.
These must be provided to your case manager at the beginning of the program. Thereafter, you may set up a payment plan. Upon entry into the program, you must meet with a TASC representative at the courthouse and make an admission to the charges. Missed appointments and untimely payments will delay completion of the program. Failure to attend the seminar or counseling sessions can result in your dismissal from the program; furthermore, drug tests that demonstrate new marijuana use, alcohol, or positive results for other drugs, will lead to dismissal from TASC and reinstatement of prosecution.
The only exception for drug use is if the Defendant maintains a valid medical marijuana card during the TASC diversion program. If you don't have to report to anyone chances are you wont be drug tested, and random drug testing would be specifically mentioned in the terms of your probation.
However, this is your freedom we're talking about and not mine. For piece of mind alone it may be worth the money just to take your paperwork in to an attorney and get advised on the specifics of your case. Nothing eases the stress of guessing like knowing. CA Plant of the Month: Feb Gadfly explained it perfectly. I've understood it's better to ask and make sure before you end up "knocked back down 2 steps, after you just climbed one" so to say.
It is find for you to be smoking if under the restrictions it is not called out as you say, but if more trouble were to come your way the courts really just do whatever they feel is necessary, if that be drug testing you to see if you are still on the straight and narrow so be it, they will test you if necessary. So what if your on supervised probation but for medical reasons the doc puts you on weed. The answer would revolve on the conditions of your probation.
I recently had a lengthy court case where the DA wanted me to be on probation for x amount of years. I said "no, I work in the medical marijuana industry, probation is not an option for me. I still said "no I work in the medical marijuana industry, probation is not an option for me," and eventually worked out a dismissal. On the flip side to that, during my case I saw others who were specifically told they could not use mmj or have anything to do with anything mmj related.
So my answer would essentially be the same. If you are a lawful mmj user and you find yourself in a situation where probation becomes a reality it would be your responsibility to address these issues in court. I am no fan of lawyers by any means but I can't stress enough how valuable they can be in assisting regular joes like us with these kinds of issues. If you find yourself in a situation similar to mine, be honest, be respectful, and be reasonable.
0コメント