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New Rules May Permit Use of Medical Marijuana While on Felony Probation in San Diego

If you had a medical condition and had been prescribed medical marijuana, until recently you were in a quandary as to how to handle this medical need if you were subject to felony probation in San Diego.  Although medical marijuana was legalized almost a decade and half ago, the San Diego County Probation Department has until recently issued sentencing recommendations to judges in felony cases that prohibit all use of controlled substances while on felony probation.  There was no exception included for those on felony probation who have a lawful California prescription for medical marijuana.

The San Diego Department of Probation will now make recommendations to judges in felony probation cases regarding whether the person being sentenced should be authorized to use medical marijuana.  If you are currently on felony probation or involved in a criminal case that may result in felony probation, you should consult with San Diego criminal defense attorney Benjamin Theule who can advise you regarding whether or not you can obtain a sentencing recommendation that provides for your use of medicinal marijuana.

If you currently use medicinal marijuana, you should take a number of steps to increase the probability that your continued use of medical marijuana will be authorized.  You will certainly need a Medical Marijuana Identification Card (MMIC) from the San Diego Department of Health and Human Services along with a written letter from your doctor clearly articulating the medical condition justifying your use of marijuana for medical purposes.  When you obtain your letter regarding your medical condition, it should be written by the physician that is actually treating you for your medical condition.  If Mr. Theule has documentation regarding your medical need for marijuana, he can help you facilitate providing this information to the probation department so that it is taken into account when your sentencing recommendation is taken into account.  Even after formal sentencing on your case, Benjamin Theule may still be able to ask the court for a modification of the terms of your probation to allow you to use medical marijuana.

If you are already on felony probation and subject to terms and conditions that ban the use of all controlled substances, San Diego medical marijuana defense attorney Benjamin Theule may be able to assist you in modifying the terms of your felony probation so that you can resume use of marijuana for medical treatment purposes.  If you are charged with any drug offense in San Diego, including those associated with the use of medical marijuana or prescription drugs, experienced San Diego defense attorney Benjamin Theule provides tenacious defense to drug charges.  We invite you to call the Law Offices of Benjamin Theule where we fight with tenacity today to protect our clients’ health and freedom tomorrow!


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