When a person is convicted and placed on probation for DUI and they may still need to benefit from medical marijuana. It is interesting to note that many courts will take position that includes medical marijuana legalization in that state. If you are one of those medial marijuana patients who have been caught driving under influence and are now on probation for DUI you’ll still want to be able to use medical marijuana to help soothe pain.
Now then, if you want to reduce as such the punishment you must provide some information to the courts to make sure they agree with your medical situation and also reconsider the charges prior to setting your sentence. This is where a qualified criminal defense attorney will come in handy.
It’s true that many courts will take medical marijuana legalization as a pretty liberal decision and the moreover in cases when that drug is not taken as a result of doctor’s prescription. At this point a court of law has to define the sentence in such a manner where the individual is not condemned to abstinence when they need to use the marijuana for medical purposes.
On Probation for DUI and Getting a Medical Marijuana License
Nevertheless, the court must as well prevent those situations where a person is on probation for DUI and attempt to get a license for medical marijuana. All too often once a person is released from custody the first thing they do is to get a medical marijuana ID card to show that they take the drug under doctor’s prescription.
Although laws related to this drug use for medical purposes are very closely monitored and are strictly followed, every once in a while there may be breaches in the system that can lead to law breaking. This is also the reason why medical marijuana legislation gets changed regularly; to ensure that no loophole appears that dispensaries or clinic employees benefit from into their advantage.
So, if you are currently using medical marijuana and you are charged with and on probation for DUI, you may be required to have abstain from using medical marijuana as your sentence will be pronounced. But, there are exceptions which can be made by the judge who can allow you to keep using this natural alternative medication for your condition. But you have to provide some documentation and evidence to support your need to be eligible for the exception.
Let’s take a look at all the documents and evidence you will need in the court but keep in mind that they are mostly some sort of general guidance because many courts of law can require additional documents as well:
- You would need to have a doctor examine you. You will need to provide the name and contact details of the doctor that has recommended the use of medical marijuana. It is not enough to get hold of an medical marijuana ID card since with this one many people can simply go in any dispensary and get their dose. With a doctor’s details and name everything will appear more legitimate.
- You need to bring in documentation related to your medical condition. This documentation can be in the form of a physician declaration or you can simply have the doctor show in court to give live testimony. Anyway, at this point the will will mention the conditions when this evidence is required.
- You need to bring in evidence that the symptoms brought on by the condition you suffer from cannot be addressed by conventional medication. You have to convince the court that this is your only way that can help you with the condition you are going through. Also, that this is the reason why the doctor has prescribed medical marijuana in the first place.
- Another key piece of evidence to bring in front of the judge is the exact dosage and the specific plan under which you are prescribed with the intake of this drug.
- Judge may be concerned about your prior history that can reveal any signs of dependence you might have had prior to being authorized to use marijuana. Be sure to have your doctor or criminal defense attorney explain your condition.
- Are there any past records about convictions related to offenses made because of drug or alcohol consumption? This is another matter that may concern the judge when you are looking for getting an exception for medical marijuana use while being on probation for DUI. Be sure you have answers for everything.
Once again, this entire documentation may differ from one jurisdiction to another. But basically, all these pieces of information will constitute a substantial amount of good evidence for you in court when you have been caught driving under influence are are put on probation for DUI.