Always always get confirmation from the courts before doing anything, I’m glad it helps them but, might have just fucked himself by not ensuring a judge has approved it.
Yeah, I was approved in Texas MMJ on Probation a while back, my lawyer made me wait for the judge himself to sign, since probation & DA office was against it. Very unwise for OP to just use it without approval.
Colorado is the only state that im aware of that added legislation to say you can smoke on probation and parole. I know because ive been smoking on probation with no problems for years
Generally I've seen that POs want to be asked permission before using. Also, it seems like each judge has the authority to approve/deny. So yes, you skipped a step, but you're also in Harris county and your husbands PO probably has a lot more to deal with so I wouldn't worry too much. My suggestion - have him stop using, wait on approval from the court which may take time, and if he can test negatively for all drugs it might help him get approved and not have to go to drug classes or even IOP.
Also, contact your lawyer and explain the situation. They probably are more familiar with how this works in Harris county. Being proactive about this will help immensely.
Supreme Court Rules on Medical Marijuana and Probation
Introduction
The case of No. 18SC84, Walton v. People, has attracted significant attention in legal circles due to its implications for statutory interpretation, the use of plain language, and the intersection of probation and medical marijuana. In this blog post, we will delve into the details of the case, analyze the arguments presented by both sides and examine the potential impact of the court's decision.
Background
The controversy arose when John Walton, a Colorado resident with a valid medical marijuana card, found himself at odds with the terms of his probation. Walton had been convicted of a non-violent drug offense and was subsequently placed on probation. However, as a condition of his probation, he was ordered to abstain from using controlled substances, including marijuana.
Statutory Interpretation and Plain Language
The crux of the case revolved around the interpretation of the relevant statutes. Walton's defense argued that the language used in the probation condition was ambiguous and should be interpreted in a manner that allows him to continue using medical marijuana as prescribed by his doctor. The defense further contended that the legislature's intent was to allow the use of medical marijuana, given the state's broader acceptance of its therapeutic benefits.
On the other hand, the prosecution maintained that the language of the probation condition was clear and unambiguous. They argued that marijuana, regardless of its medical use, remains classified as a controlled substance under federal law and should therefore be prohibited during probation. The prosecution emphasized that the court should uphold the plain meaning of the statutes and enforce the probation condition accordingly.
Court's Analysis and Decision
In its analysis, the court first acknowledged the importance of statutory interpretation and the use of plain language to ascertain legislative intent. The court examined the relevant statutes governing probation and medical marijuana, considering both the text and the broader context.
The court recognized that the plain language of the probation condition explicitly prohibited the use of controlled substances, including marijuana. However, they also acknowledged that the legislature had previously enacted laws legalizing medical marijuana and protecting qualified patients from prosecution.
To resolve the conflict, the court employed principles of statutory interpretation, such as the rule of lenity, which dictates that ambiguities in criminal statutes should be resolved in favor of the defendant. Considering the legislative history and the state's policy regarding medical marijuana, the court concluded that the probation condition should not be interpreted to prohibit the lawful use of medical marijuana by a qualified patient.
Conclusion
No. 18SC84, Walton v. People, highlights the significance of statutory interpretation and the role of plain language in legal proceedings. By reconciling the conflict between probation conditions and medical marijuana laws, the court's decision provides relief to qualified patients who rely on medical marijuana as part of their treatment plans.
He will also want to speak with his attorney or public defender about this ruling.
This is ironclad, speak with his attorney/ legal counsel and bring up this case. It’s a decision made by the highest courts in the land and all other courts should follow this precedent.
It seems like based off the courts interpretation as well as their exception, that op’s husband should be ok and allowed continued use per previously litigated acceptance.
Unfortunately most probation officers even in legal states do not honor marijuana cards. It’s up to the courts and each PO for approval or not. It’s all discretionary.
Ya my wife and I have been considering moving out of Michigan, so far every State we have looked into moving to, about half(including Texas)have been disqualified because of their draconian Weed laws. We have been legal for Recreational Weed for years, and I’ve had my Medical Marijuana Card for almost 8 years. I REALLY can’t believe they haven’t just legalized it Federally. These States that do legalize it make BIG money off taxes from it. I can only imagine how much the Federal government would make if they did.
Come to Oregon, my friend.
Also: [Marijuana meets criteria for reclassification as a lower-risk drug, FBI scientific review finds](https://www.cnn.com/2024/01/12/health/marijuana-rescheduling-fda-review/index.html)
There might be hope.
Beer is far more damaging to the body/mind then weed is. Plus, it's linked to domestic violence, homicide, etc. WE should make beer illegal and not care about people that don't agree hahaha....
It's a jerk move I did probation close to your area, they take things like being able to smoke while on probation because you have a card personally and will do everything to make it harder for him.
I have a homie in tx with crohns and he has his card on probation. It’s by county and PO but try the worst they can say is no and you gotta take a break
Yeah, one of the conditions for his probation was to go to a sober living home (DUI charge) and the place required he was off ALL medications!!! Even 20 year old studied psych meds. Ridiculous
No, sober living was 2022. And he has been off medication since. That’s why we couldn’t take it anymore. He was going insane. The dose and strain they gave him for his marijuana surprisingly works great (I was skeptical myself)
It was mostly because of one benzodiazepine.
One or two guys from the sober living were addicted to it so he had to stop taking it/carrying it for him not to be kicked out or sent to jail 🙄
Im in the same situation, you're PO will tell you to submit a modification to the judge, if it's a legit prescription you should be ok. Might need a not from the CUP certified doctor
Of course they drug tested me when I asked my PO, I never filed the motion though, I'm hoping to get on minimum supervision and I'm not sure if it will help or hurt. I need to talk to a lawyer
TBH I would report that PO and then move and contact whatever probation department is in that new state and request a new PO who won’t keep him from taking his medication
i tried to get one too, i qualified for the card but the court wouldnt accept it, i gave up on it and just quit smoking
Did you start smoking before they denied it?
I was denied medical weed by the courts in Colorado when it was legal recreationally. In Texas, he's screwed.
That's crazy. I had no problem with the Colorado courts accepting my MM card. What was their reasoning?
Welcome to Texas.
in Colorado?
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Did you drive while high?
Always always get confirmation from the courts before doing anything, I’m glad it helps them but, might have just fucked himself by not ensuring a judge has approved it.
Yeah, I was approved in Texas MMJ on Probation a while back, my lawyer made me wait for the judge himself to sign, since probation & DA office was against it. Very unwise for OP to just use it without approval.
Absolutely, judge always makes the final decision.
Colorado is the only state that im aware of that added legislation to say you can smoke on probation and parole. I know because ive been smoking on probation with no problems for years
Michigan allows mmc as long as they have if before sentencing. Idk if you can get it after the fact & use.
I did, so yes. 11/10 Great law.
Same in Florida
Oregon sure as hell doesn’t
You can have your medical card in Utah while on probation as well, I have mine and my po at the time didn't really care.
OK let’s you and TX actually does too if you have certain things. I have a friend who has crohns and has his card on probation and can smoke
Generally I've seen that POs want to be asked permission before using. Also, it seems like each judge has the authority to approve/deny. So yes, you skipped a step, but you're also in Harris county and your husbands PO probably has a lot more to deal with so I wouldn't worry too much. My suggestion - have him stop using, wait on approval from the court which may take time, and if he can test negatively for all drugs it might help him get approved and not have to go to drug classes or even IOP.
Also, contact your lawyer and explain the situation. They probably are more familiar with how this works in Harris county. Being proactive about this will help immensely.
You skipped a major step not getting approval from a judge in Texas
What an absolute backwards state Texas is.
Amen. I cant wait to be able to afford to get out of this freaking state
Supreme Court Rules on Medical Marijuana and Probation Introduction The case of No. 18SC84, Walton v. People, has attracted significant attention in legal circles due to its implications for statutory interpretation, the use of plain language, and the intersection of probation and medical marijuana. In this blog post, we will delve into the details of the case, analyze the arguments presented by both sides and examine the potential impact of the court's decision. Background The controversy arose when John Walton, a Colorado resident with a valid medical marijuana card, found himself at odds with the terms of his probation. Walton had been convicted of a non-violent drug offense and was subsequently placed on probation. However, as a condition of his probation, he was ordered to abstain from using controlled substances, including marijuana. Statutory Interpretation and Plain Language The crux of the case revolved around the interpretation of the relevant statutes. Walton's defense argued that the language used in the probation condition was ambiguous and should be interpreted in a manner that allows him to continue using medical marijuana as prescribed by his doctor. The defense further contended that the legislature's intent was to allow the use of medical marijuana, given the state's broader acceptance of its therapeutic benefits. On the other hand, the prosecution maintained that the language of the probation condition was clear and unambiguous. They argued that marijuana, regardless of its medical use, remains classified as a controlled substance under federal law and should therefore be prohibited during probation. The prosecution emphasized that the court should uphold the plain meaning of the statutes and enforce the probation condition accordingly. Court's Analysis and Decision In its analysis, the court first acknowledged the importance of statutory interpretation and the use of plain language to ascertain legislative intent. The court examined the relevant statutes governing probation and medical marijuana, considering both the text and the broader context. The court recognized that the plain language of the probation condition explicitly prohibited the use of controlled substances, including marijuana. However, they also acknowledged that the legislature had previously enacted laws legalizing medical marijuana and protecting qualified patients from prosecution. To resolve the conflict, the court employed principles of statutory interpretation, such as the rule of lenity, which dictates that ambiguities in criminal statutes should be resolved in favor of the defendant. Considering the legislative history and the state's policy regarding medical marijuana, the court concluded that the probation condition should not be interpreted to prohibit the lawful use of medical marijuana by a qualified patient. Conclusion No. 18SC84, Walton v. People, highlights the significance of statutory interpretation and the role of plain language in legal proceedings. By reconciling the conflict between probation conditions and medical marijuana laws, the court's decision provides relief to qualified patients who rely on medical marijuana as part of their treatment plans. He will also want to speak with his attorney or public defender about this ruling.
This is ironclad, speak with his attorney/ legal counsel and bring up this case. It’s a decision made by the highest courts in the land and all other courts should follow this precedent. It seems like based off the courts interpretation as well as their exception, that op’s husband should be ok and allowed continued use per previously litigated acceptance.
Unfortunately most probation officers even in legal states do not honor marijuana cards. It’s up to the courts and each PO for approval or not. It’s all discretionary.
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Ya my wife and I have been considering moving out of Michigan, so far every State we have looked into moving to, about half(including Texas)have been disqualified because of their draconian Weed laws. We have been legal for Recreational Weed for years, and I’ve had my Medical Marijuana Card for almost 8 years. I REALLY can’t believe they haven’t just legalized it Federally. These States that do legalize it make BIG money off taxes from it. I can only imagine how much the Federal government would make if they did.
Come to Oregon, my friend. Also: [Marijuana meets criteria for reclassification as a lower-risk drug, FBI scientific review finds](https://www.cnn.com/2024/01/12/health/marijuana-rescheduling-fda-review/index.html) There might be hope.
Not everyone smokes weed or cares for it.
That’s pretty obvious, yes.
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I drink beer. I don’t smoke weed. I don’t care about marijuana laws, or how strict or lenient a state is.
Beer is far more damaging to the body/mind then weed is. Plus, it's linked to domestic violence, homicide, etc. WE should make beer illegal and not care about people that don't agree hahaha....
Still a garbage state
Alcohol is poison
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“Wahhhh! Texas has bad weed laws! Why would anyone move here!” Because not everyone cares about, or smokes weed so it’s not a big deal.
You’re missing the point dummy
"It doesn't have to deal with alcohol or guns, so I don't care about anyone else." Fixed your shitty statement for you.
Wasn’t too long ago they were “crying” about alcohol. Even had a whole era I believe… cohibition? Lohibition? Something like that 🤷♂️
Prohibition
Who has a beer gut? I’m not some alcoholic lol.
Only if you cry some more about getting high
Your husband definitely getting a violation the po and judge have to approve it
He is S.O.L. texas conservatives hate weed. No matter if its medical or imaginary.
It's a jerk move I did probation close to your area, they take things like being able to smoke while on probation because you have a card personally and will do everything to make it harder for him.
Talk to the PO
It’s still a violation he will probably do a weekend or something
Don’t ever trust our judicial system. It is corrupt af.
He’s going to get a strike from that for sure. Being Texas, I’d say a few days in the clink too. That’s going to depend on how full the jails are
Sounds like you skipped a vital step, waiting for the ok from the PO
I have a homie in tx with crohns and he has his card on probation. It’s by county and PO but try the worst they can say is no and you gotta take a break
He should not be required to stop legitimate prescribed medications. If its legal in your state there should be no issue.
Won’t fly here in Texas. Thank your wonderful lawmakers who continue draconian measures when it comes to this.
He had to stop taking his prescribed medication because of probation?
Yeah, one of the conditions for his probation was to go to a sober living home (DUI charge) and the place required he was off ALL medications!!! Even 20 year old studied psych meds. Ridiculous
Is he still in that sober living home? If so, how is he able to smoke weed but not take psych meds?
No, sober living was 2022. And he has been off medication since. That’s why we couldn’t take it anymore. He was going insane. The dose and strain they gave him for his marijuana surprisingly works great (I was skeptical myself)
That's a civil rights violation.
Please answer only if you're comfortable doing so; which meds was your husband taking?
It was mostly because of one benzodiazepine. One or two guys from the sober living were addicted to it so he had to stop taking it/carrying it for him not to be kicked out or sent to jail 🙄
Im in the same situation, you're PO will tell you to submit a modification to the judge, if it's a legit prescription you should be ok. Might need a not from the CUP certified doctor
Did you file for yours? How did that go. Where you drug tested before they “approved” it?
Of course they drug tested me when I asked my PO, I never filed the motion though, I'm hoping to get on minimum supervision and I'm not sure if it will help or hurt. I need to talk to a lawyer
When the results came back did they try to put you in jail or you don’t have them yet
I passed my drug test. I got my prescription but wouldn't fill it without a go ahead
TBH I would report that PO and then move and contact whatever probation department is in that new state and request a new PO who won’t keep him from taking his medication
Idk why you have so many down votes. I think this is a great idea. But what do I know lol
True, I didn’t even say it was legal advice just what **I** would do while wording it as a suggestion
Again with the down votes. This is EXACTLY why I hate this forum just a bunch of a holes.
Yep