I will attempt to describe the 2 years this post covers as briefly as possible.
Approximately 1 year and 8 months ago in the state of Montana, I was sentenced to probation through district court. At the time of sentencing, the judge assigned to my case ordered a condition of probation allowing me the use of medical marijuana. It was a first in his court, everyone was taken aback by the proposition, especially when he agreed to my request. Nobody had heard of probationers being able to use medical marijuana before. You could tell that they expected my case to change things for probationers. The only exception to this order was that I would only be able to receive care, but was prohibited from being a caregiver. After being released that same day, I went to the probation office to register as a probationer and follow-up with my sentence. My P.O. had me initial each condition of probation to show that I understood them and understood the basic rules of probation. Towards the end of the list was the condition "defendant shall not obtain medical marijuana card," which I refused to sign on behalf of the judge's court order. I'm having a hard time not being sarcastic about the absurdity of this situation. My P.O. was furious of course, as this was something he could not control. I explained my situation and the judge's order to him. But he said "no probationer in this office has ever been allowed to use marijuana and you aren't going to be the first." He then denied me my court ordered right, stating that he would give me a violation if I undermined it, thereby undermining the law that he has vowed to uphold. What a respectable example to look up to during my rehabilitation process. Not that anyone should be denied the use of marijuana for any reason, but I am not just "some punk" that is trying to trick the system into letting me "get high." I have serious medical conditions that call for the use of medicine. I am not so foolish as to run to a doctor and ask him to prescribe me synthetic heroin, or any pharmaceutical drug for that matter, which by comparison will only deteriorate my health and well being and worsen my pain.
After much consideration, I finally worked up the balls to write a letter to the judge. The letter was extremely well written over a period of months. As soon as he received it, he mailed a copy to my P.O. (ouch! he was so furious he came to my house and tried to snoop around shortly thereafter) and a copy to the attorney general. The letter was reviewed for consideration and my request was denied on the grounds that during sentencing I also agreed to a condition of probation that requires I obey all state and federal laws. As using medical marijuana would have been federally illegal, that was of course my conclusion. I don't see how this applies to me, as my crimes were not federal, nor were they drug or alcohol related. But I understand their petty loophole. Now that I've made a sober impression on my P.O. I've honestly just considered explaining to him that I'm in a lot of pain, explaining my position on pharma drugs, and asking him if he personally will find it in his heart to allow it. But I know that will only complicate things. I don't know what to do, it gets rough sometimes. I have a severe spinal injury. Even with an extremely healthy diet and vigorous workout routine, I experience immense pain on a daily basis.
I suppose this post is pointless in the scheme of things, as I will end up being released from probation before any legal progress could be made concerning this issue. I would, however, very much enjoy input and if I get lucky some advice or knowledge from anyone in a similar position. Particularly if you have made any progress in this matter. My case is unique in that the judge ordered the legal use of medical marijuana as a condition of my probation. So I'm always curious to learn new approaches or perspectives.
Edited by Lawlies (04/15/15 12:04 PM)
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