Am i able to obtain my medical marijuana card while on probation in the state of Arizona even if possession was one of my charge

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Possession of marijuana was one of my charges but not the main one, as i just so happened to have it on me while doing something i wasn't supposed to. I am on probation and learned my lesson form the other charges, but do not nor will not change my views on marijuana. I believe it is healthy when used correctly and i have medical issues that I know i would be able to obtain it for. I have passed all my tests so far and just want to be able to smoke, but i dont to waste my time and money if I am not aloud to get my card in the first place.

Attorney Answers

3
John Brosnan 4626164.Html ·
Your views on marijuana are completely irrelevant since it is still illegal in the state of AZ. With regards to medicinal marijuana on probation, this is coming up more often and seems to be more of a case by case basis. Your PO will almost certainly not allow it, especially in poss of marijuana was one of the underlying charges. This means you would need a judge to specifically order that you be allowed to use medicinal marijuana. In order for you to even have a chance at a judge ordering that, you would likely need a doctor to be able to testify that not only would marijuana medically help you, but there are no other alternatives that can treat your symptoms effectively. Even if a doctor does testify to that, its possible a judge could deny your request. By being on probation you agree to give up many rights and privileges. If you smoke marijuana without permission from a judge or PO, even medicinal, you can be violated.
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Matthew Maerowitz ·
This is very hard to answer because this is a rapidly evolving area of court decisions interpreting the relatively recent Arizona medical marijuana law. I am only answering only because NY counsel's answer is inaccurate. Courts are starting to strike out any conditions of probation that prohibit the use of medical marijuana. You should also be allowed to get a marijuana card while on probation. Recent case law allows someone on probation to get a medical marijuana card without being violated. That doesn't mean that getting a card gives you free reign to do what you want. This is a pretty heavy issue and there are still some significant risks if you use marijuana even pursuant to a valid card. I would seriously consider discussing this with your attorney who handled the underlying criminal case before pursuing this.
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Kari Granville ·
Much depends on what you were charged with. I have had clients sail through the process and a few have have been denied. Sale of drugs, for example, can be a problem. As the previous AZ lawyer stated, the matters are being worked out now in the courts. It doesn't hurt to try though.
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