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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 117375
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My son was caught in california with less than 10 pain killers

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My son was caught in california with less than 10 pain killers 30 over the counter pain killers in a rented car. When stoped he fessed up about 3 lbs of marijuana, but when they searched they found pills hiden. When arrested he asked for a blood test but was refused. He sweares the pills are not his. He has a statement from the rental company but couldnt get a list of people whe rented the car before. He was offered PROP 36, 3 yrs probation and prop 36 drug classes, he says that is for drug addicts cocain, crack ect, He has a Califorina medical licence. Can he still smoke his medical marajuana for this charge under probation. He is living in Nevada now. Is this a fair deal.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 5 years ago.
No, he cannot use the medical marijuana unless his probation specifically allows him to do so. The fact he is getting probation on the pills is a good deal, but if he does not get permission to use the medical marijuana, then it would be a violation of his probation and he will never get the charge dismissed.

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