Colorado, Probation puts MMJ license into fault.

[ShorelineTex]

Something I think you need to remember is that you have never been PRESCRIBED medical marijuana by any doctor in Colorado...it is merely a RECOMMENDATION given by a doctor that the use of marijuana may help your condition.

HUGE difference.

I don't know that it is. Check out the definition of a prescribed drug:

'prescription drug: a drug that is available only with written instructions from a doctor or dentist to a pharmacist; "he told the doctor that he had been taking his prescription regularly"'
(Google "prescription drug defintion")

The prescription is instructions to the pharmacist authorizing them to give you that drug, mixed up in a specific way. The state, in effect, has taken on part of the role of a doctor by giving you a "prescription" (med card) that authorizes a caregiver(? sorry...not familiar with all the Colo. specifics) to dispense you some pot. But, they will only do this at the recommendation of your doctor.

In effect, the state is withholding a right to what it admits could be potentially effective medical options because of a legal infraction.

..."Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. "

While I certainly respect all of your opinions, I *WHOLEHEARTEDLY* disagree with the notion that a right as fundamental as medical care should be denied
to those on probation...I'd fight this with tooth and nail. These are your constitutional rights that you're fighting to protect.

 

[greenthumbdanny]

Again buddy in the eyes of the Feds its not ok>>>> I tend to think the probation dept will abide by law(Fed) Also the medical mj is just a luxury really at the end of the day>>>
You keep forgetting when you are placed on probation your rights as a NORMAL CIVILIAN are considerably lessened>>>>You are not really in a position to bitch so to speak to>>>> Your probation can be revoked quicker than flies on shit if your PO see's you to be a problem..
This is just my opinion on the deal..I feel for your frustrations not being able to smoke bro.. I would honestly suck it up and take the time over probation>>>Probation are one of them made to fail programs:) Don't give them any reason to violate you and tack on more time.
Hopefully when MJ becomes legal you wont have to worry about these restrictions..
Good luck bud :passingjoint:
GTD

 

[ShorelineTex]

Don't give them any reason to violate you and tack on more time.

Certainly a valid strategy :)

 

[SweetIslandFunk]

I do have a free lawyer.
i will clean up tho.

 

[Angus]

MMJ is just a luxury?
I quess I don't see it that way I'll go so far as to say it is not even a priveledge but a right.

Right to injest any medicinal herb in my own body as I see fit to alleviate pain or just flat out to get high.

Under that rationale then it must be perfectly fine that your friend sits in a concrete cage for several months and after release will not be able to medicate for years.

[refering to freejoeshmoe] in your signature. Now I don't know Joe but respect him very much.

but you cannot have it both ways. either it is a luxury and those that don't follow the goverments absurd laws deserve to be imprisioned.
or
It is a right as a free man to determine what is proper or not for my own consumption and no beaureacrat or holier than thou twat probation officer has the right to regulate my health and medical needs

 

[SweetIslandFunk]

thats exactly my state of mind right now, angus. I am on probation for a completely unrelated matter, no type of narcotics were involved in any way yet I was placed on UAs. My lawyer says because of this, I have a considerable chance at winning if i took this to a court.

at the end of the day it is not a privilege, perhaps this is derived from the fact that the drivers license is a privilege. The drivers license is no constitution, and they did not even bother to take away the privileges, they just went straight for my rights. To bad for these people that MMJ IS in the Colorado constitution, amendment 20, thus it is a RIGHT that I have, that EVERY Coloradan has, that they have no authority to take away. Although being on probation gives me a much shorter leash, but these are my RIGHTS.

now its just a matter of convincing the right people of that. But once again, I am going to clean up just to be safe, at least for now...

 

[Budhog]

If you just "do the time", don't you still have to deal with parole? Isn't that a bigger pain in the ass than probation?

 

[greenthumbdanny]

MMJ is just a luxury?
I quess I don't see it that way I'll go so far as to say it is not even a priveledge but a right.

Right to injest any medicinal herb in my own body as I see fit to alleviate pain or just flat out to get high.

Under that rationale then it must be perfectly fine that your friend sits in a concrete cage for several months and after release will not be able to medicate for years.

[refering to freejoeshmoe] in your signature. Now I don't know Joe but respect him very much.

but you cannot have it both ways. either it is a luxury and those that don't follow the goverments absurd laws deserve to be imprisioned.
or
It is a right as a free man to determine what is proper or not for my own consumption and no beaureacrat or holier than thou twat probation officer has the right to regulate my health and medical needs

I feel your frustrations Angus but how bout putting that brain in gear before opening your mouth bro.. Its pretty simple Angus dont fuck up and your rights will not be compromised. When you are caught up in the system your normal rights as a civilian cease>>>Why dont you get that??

2 Completely different situations my friend.. How could you even compare the 2. Hes not arguing with a PO about smoking pot
This county that we are in sucks>>>Shmoe isn't in trouble for a simple violation turning in dirty pee samples guy>>>I can honestly answer>>> I dont think Shmoe would take probation vs jail time>>>He would rather do the time and get all that shit behind him>>Any MAN would, who knows the law and how these probation/programs are in lieu of jail>>>Them are made to fail programs. There are many types of programs one can do instead of going to jail>>>probation, rehab/therapeutic communitys etc.
Here is a good example
Typically, you would plead to the charge you were actually charged with>>>criminal proceedings would then be suspended, and you would then be required to complete a drug rehabilitation program 1 night a week for 10 weeks,sometimes its even residential, where you live there>>> your case is then continued and you would then come back to court. The court would continue your case for 1 year and after a period of 18 months, your case would be dismissed if the courts and probation are satisfied with your completion of the program..
>>>Do you see that window of time to fuck up 18months<<<For me that is made to fail..
Another thing>>>>Probation vs Parole<<<< 2 different things dig it!!! You can work with a parole officer a lot better than a probation officer FACT....

stay safe:passingjoint:

 

[Budhog]

I've never dealt with either. I was just asking. Parole is set up to make people fail, too. It all sucks.

 

[Donk Frog]

Move to Canada , here med licence is on fed level then they can all eat a dick, why anyone would even live in US so called land of the free is beyond me, have never visted never will.

 

[SweetIslandFunk]

Oh trust me Donk, moving was one of my first reactions. it would be a simple solution huh? Almost too good to be true... because it is. Leaving the country is not an option for me or i would sell everything and hop on the next flight to amsterdam or somewhere tropical and secluded. Now another county is an option, i could move up to steamboat sure, with ease, i have friends up there. but the hassle would be to great, new job, snowsnowsnow, and the matter of finding a job up there. maybe down to denver county..

 

[greenthumbdanny]

:giggle I guess I sure got the shit end of the stick during my ventures.. When I say Luxury I use that term very loosely:)
Them were my struggles that I went threw.. Piss test after piss test>>>>Fail>>>>Violated for 30 days happened many many times.. I was caught up in the horseshit system for years..I didn't see any way out of it but maning up and doing the straight time.. Looking back, knowing what I know now..I would take straight time. Also my PO seemed like she had a personal vendetta against me.. Bitch needed to get layed big time imo.
:passingjoint:
gtd

 

[Angus]

Gtd, I do respect your opinion we just see things different.

it goes back to the fundamental principal of whose concept of morality should we accept.

It is our duty as american citizens to reject a unfair and unreasonable sentence. Hence jury nullification.

for me the choice is very clear, I'll take probation over incarceration.

On probation I can.

Take my dogs for a walk in the mountains.
go fishin
cook a ribeye
fuck a hot chick. ect. ect.

In a cage not so many nice options.

You are a good grower and seem like a pleasant person but when it comes to knowledge of the legal system you are quite unschooled.
If someone is under a illusion that parole officers are easy to deal with and will let you toke up. well good luck with that.
The justice system is a meat grinder once they have the hooks in you they make life most terrifiying.

as far as being incarcerated for the victimless crime of growing for oneself.

I cannot and will not accept that as true or just.

take care stay safe

 

[greenthumbdanny]

Gtd, I do respect your opinion we just see things different.

it goes back to the fundamental principal of whose concept of morality should we accept.

It is our duty as american citizens to reject a unfair and unreasonable sentence. Hence jury nullification.

for me the choice is very clear, I'll take probation over incarceration.

On probation I can.

Take my dogs for a walk in the mountains.
go fishin
cook a ribeye
fuck a hot chick. ect. ect.

In a cage not so many nice options.

You are a good grower and seem like a pleasant person but when it comes to knowledge of the legal system you are quite unschooled.
If someone is under a illusion that parole officers are easy to deal with and will let you toke up. well good luck with that.
The justice system is a meat grinder once they have the hooks in you they make life most terrifiying.

as far as being incarcerated for the victimless crime of growing for oneself.


I cannot and will not accept that as true or just.
take care stay safe

I hear ya brah..Thanks for the compliment>>>I do like to grow the dank:) but unschooled I would have to disagree with as I was a walking felon. I went threw some horseshit and spent a good amount of my life locked up for dank>>>My whole record is regarding marijuana. nothing else>>>No violent crimes etc. Well maybe a domestic violence case but no violence took place:giggle
I like to think I know the system quite well here where I live.
I aint asking you to agree with me>>>Its just my opinion on the deal.
These are the things you love?
Take my dogs for a walk in the mountains.
go fishin
cook a ribeye
fuck a hot chick. ect. ect.

Shit me too:banana:

Here are the easy steps to prevent you from doing those things you love most scenario
Get yourself busted for dank,then accept a probation deal, smoke some dank, get a UA, then be violated for about 30 days. How ya gonna do them things you love when at the end of the day your still gonna be locked up>>just delayed a tad:)


gtd

 

[SweetIslandFunk]

Well, the laws of Colorado vs California with out a doubt differ for MMJ.
But here it is a right, Coloradan Constitution: Amendment 20. A right that every Coloradan has If they choose to seek medical relief through marijuana. And since I am on probation for a completely non narcotic related matter I feel that there is no reason that I should be denied my right to seek relief through marijuana to relieve pain and prevent other conditions caused by the NARCOTICS that my PO prefers that I take instead of marijuana, narcotics that would show up on my UA's and be looked over. Also conditions such as vomiting, decreased appetite, drowsiness, and even distorted perception of my environment. At first exercises helped my condition, nerve damage in my arm due to sports, sports coaches, and surgeries, but then they just began to hurt it even more. Marijuana provides me with a fast acting, ANTI nausea, cheap, growable, relief. Thats my case and I'm sticking to it.

 

[sky high]

A couple of points that aren't supported by your stance:

1. Medical marijuana is not a prescription drug
2. NO pharmacist in the US can legallly distribute MMJ as it is not Federally approved for distribution/is not FDA approved as a pharmaceutical.

As far as CO...which whose law we are takling about in this thread...

3. Here is the Physician's form that is filled out for a CO MMJ application. If you read it you will see that it states TWICE that it is NOT a precription. (I believe ALL MMJ states have their laws written his way to keep docs free from Fed prosecution and for the reasons already given above)



Guys...I support ISF's use of MMJ....and i think he should be able to smoke on probation if it isn't a drug-related offense. HOWEVER...we are obviously NOT there YET.

good luck ISF....

s h

I don't know that it is. Check out the definition of a prescribed drug:

'prescription drug: a drug that is available only with written instructions from a doctor or dentist to a pharmacist; "he told the doctor that he had been taking his prescription regularly"'
(Google "prescription drug defintion")

The prescription is instructions to the pharmacist authorizing them to give you that drug, mixed up in a specific way. The state, in effect, has taken on part of the role of a doctor by giving you a "prescription" (med card) that authorizes a caregiver(? sorry...not familiar with all the Colo. specifics) to dispense you some pot. But, they will only do this at the recommendation of your doctor.

In effect, the state is withholding a right to what it admits could be potentially effective medical options because of a legal infraction.

..."Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. "

While I certainly respect all of your opinions, I *WHOLEHEARTEDLY* disagree with the notion that a right as fundamental as medical care should be denied
to those on probation...I'd fight this with tooth and nail. These are your constitutional rights that you're fighting to protect.

 

[SweetIslandFunk]

I'm not saying anyone is wrong here, I understand that I am choosing to see my rights in a very optimistic way. Others, such as my PO and some of you, are choosing to see it on a more acute spectrum. But thats just what its about, how we CHOOSE to see these things, which obviously will vary from person to person. The way I am seeing things is that this is that this new rule has been put into place to prevent the people that have there MMJ license from simply "using" legally to get around probation. In Colorado, and Cali I'm sure, this is regular problem seen by PO's. Due to being under 21 and on probation I'm sure its entirely possible for my PO to have mistaken me for one of these people. My caregiver says that they CAN do this BUT it is entirely up to the discretion of the PO, she makes up her own mind at the end of the day. Perhaps by getting clean and passing a few UAs, THEN then re-addressing the issue with my lawyer present, it may regain my RIGHT to MMJ. yes it is a right and I am not going to let that go, my rights are violated and it sucks and there is nothing I can do other then play nice, I would love to be the person that takes this to court... whats the point, nothing but a headache and all the MMJ laws will change soon anyway.

 

[SweetIslandFunk]

i guess my point is there has to be SOME common ground, is this America?

 

[SweetIslandFunk]

Just hit 50 posts, this thread helped a lot, thanks for all the feed back guys I really appreciate it.

 

[KushMaster707]

your p/o has a boss who makes the ultimate decision sometimes and that guy doesnt know you and has never heard your story so for all you know you could be in a meeting with your p/o she says let me ask my boss something and the next thing you know your in cuffs. you dont have much time left bro just give give it up until april. you do have a right as a citizen of colorado for med. pot use and so forth but like gtd said once your on probation you are a restricted citizen and one wrong turn will have you in the cage. probation is a test for you to prove yourself as a worthy citizen(in their eyes) and if your doing something they dont agree with you can already guess what their response is gonna be.