Marijuana Possession & Probation.

[Wolf]

Now that possession of <1oz has been reduced to an infraction in CA, I have a question with regards to probation.

If I'm on "court probation" (no check-ins or anything like that) for DUI, would a possession ticket count as violating that probation? Or would only misdemeanors/felonies be considered violations?

 

[ateamer]

It could, but not likely. The first condition of probation in virtually all cases is "Obey all laws." It does not have an exemption for infractions, so being charged with such an offense could be the basis for a probation violation. That said, I have never seen or heard of someone on probation for their first DUI be violated for anything but violating the DUI-specific terms (fine payments, drinking driver program, do not drive unless properly licensed and insured, and so forth).

 

[LongGoneJohn]

What A Teamer said.

However, even though it's only an infraction it is still a substance abuse-related crime and thus you might find yourself getting a violation of probation merely because the officer / district attorney feels that it's related to your DUI and abuse of substances.

Likely? Probably not.

 

[weasel]

While on court ordered probation you can be in violation by getting a speeding ticket. Or so I was told by the CHP officer that pulled over for speeding :teeth

"Obey all laws." means just that.

 

[Mayhem]

Might be a violation, unless you have a medical marijuana card..

 

[ateamer]

With the way Prop 115 is written, if you can't get a medical card, you deserve to pay whatever fine they throw at you. If you choose to smoke pot, get a card.

 

[nakedape]

Yep, a guy who works for me is on probation with the anklet and his PO told him to get his card if he didn't want to be violated. Some judges will reject the validity of that defense, but not likely in CA.

 

[thedub]

Now that possession of <1oz has been reduced to an infraction in CA, I have a question with regards to probation.

If I'm on "court probation" (no check-ins or anything like that) for DUI, would a possession ticket count as violating that probation? Or would only misdemeanors/felonies be considered violations?

A. While there are definitely some well informed people here on BARF, this is probably a better question for your lawyer than the innerw3bz.

B. Here's an idea: Just don't be in possession of a controlled substance while on probation. :rolleyes

 

[orbframe]

honestly, this isn't something i handle often... i don't mess with weed-infraction stuff... i just field destroy if they don't have a card. Bigger fish to fry

that being said, i believe a term of probation is to abstain from illegal drugs, no?

I've never violated for an infraction... and for weed, i've been arresting for felony possession with intent... SLIGHTLY different

 

[Shaggy]

I'm with orb on this one... Plus, in my county, the DA won't charge anything under 2lbs of processed anyway. It just takes up space in our evidence room and our evidence techs are charged with taking care of the weed until the case is adjudicated and returned to the "patient." :rolleyes

Also, it sounds like he's talking about DMV probation. Not county or summary probation. DMV probation is really only helpful (IMO) when handling DUIs because they will usually be required to submit to a preliminary alcohol screening and they're usually not allowed to consume alcohol or be in bars. Other than alcohol/driving crimes, I don't charge 1203.2 PC on DMV probations.

 

[afm199]

You're on probation for a DUI, use "anti sobrietist" as an avatar line, and now are messing with pot? For the sake of society I hope they take your license.

 

[Entoptic]

You're on probation for a DUI, use "anti sobrietist" as an avatar line, and now are messing with pot? For the sake of society I hope they take your license.

Come on AFM199 you know that weed is a minor issue. With that being said, weed and the OP may be different.

OP even if you get your card, if you are caught driving and smell like weed that is a no no and can pretty much land you right back in court since it will pair perfectly with your current DUI.

Just make sure that if you do get a card smoke at home and only at home. Look at it this way, The justice system is looking to screw you. Not because they want to but because you have a red flag over your head for breaking the law. Just be smart about what you do because you are on a VERY slippery slope.

 

[afm199]

Come on AFM199 you know that weed is a minor issue. With that being said, weed and the OP may be different.

.

I don't care if OP smokes enough weed to fill a barge. I do care that he has a history of driving impaired and wants to keep get impaired.

 

[Slow600rr]

You should probably look at a copy of the terms of your probation. Typically drug probation cases specify that possession of non prescribed drugs are a violation. Infraction or Misd. has not relevance if thats the case.

 

[bojangle]

Substance abuse is substance abuse. Maybe the OP is in denial. DUIs are a wake up call for some. Others need to hit rock bottom before there's any hope for change. The OP is not there yet.

 

[JPM]

Don't forget about 23222 VC if you are driving. In my city/county we treat it just like an open container. It doesn’t matter if you have a medical card, if you are a driver and it’s in the passenger compartment you get a ticket and the marijuana is taken as evidence. I’m sure other cities/counties have different processes.

http://www.dmv.ca.gov/pubs/vctop/d11/vc23222.htm

 

[orbframe]

oh, how i remember when we could arrest for 23222 VC....

 

[Entoptic]

Don't forget about 23222 VC if you are driving. In my city/county we treat it just like an open container. It doesn’t matter if you have a medical card, if you are a driver and it’s in the passenger compartment you get a ticket and the marijuana is taken as evidence. I’m sure other cities/counties have different processes.

http://www.dmv.ca.gov/pubs/vctop/d11/vc23222.htm

That's some BS right there. I can see the open container but a baggie of weed? Beer you need to open, weed you need to open, have a lighter, a pipe or a joint and it's clear when someone has been smoking verse having some weed in the car imo.

 

[orbframe]

That's some BS right there. I can see the open container but a baggie of weed? Beer you need to open, weed you need to open, have a lighter, a pipe or a joint and it's clear when someone has been smoking verse having some weed in the car imo.

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