Legality questions

1. Can I use medical marijuana (MM) if I am on parole? Can I use medical marijuana while on probation?

This is covered in California Health and Safety Code 11362.795: (a) (1) Any criminal defendant who is eligible to use marijuana pursuant to Section 11362.5 may request that the court confirm that he or she is allowed to use medical marijuana while he or she is on probation or released on bail.
(2) The court's decision and the reasons for the decision shall be stated on the record and an entry stating those reasons shall be made in the minutes of the court.
(3) During the period of probation or release on bail, if a physician recommends that the probationer or defendant use medical marijuana, the probationer or defendant may request a modification of the conditions of probation or bail to authorize the use of medical marijuana.
(4) The court's consideration of the modification request authorized by this subdivision shall comply with the requirements of this section.
People v. Tilehkooh established that state, not federal law, is the prevailing law.

2. If I have a MM recommendation, can I smoke in the car?

For studies on the effects of marijuana and driving, visit the Cal Norml link http://www.canorml.org/health/driving_info. You may still be arrested if intoxicated and a danger on the road. At trial your medical marijuana recommendation may or may not prevent a fine and you may not get your medical marijuana back. Therefore, it is best to avoid carrying medical marijuana in the passenger compartment. It is best to carry any medical marijuana in the trunk

3. What happens if I get stopped by police with my MM in my car?

Safe Access Now is an advocacy group with extensive advice for encounters with law enforcement. Safe Access Answer

4. Do I need a state ID card?

Under the law, all that is required is a valid California physician's recommendation or approval. The ID card system established in SB420 is voluntary, although some patient cooperatives require the state card, or some kind of privately issued card. Read more. Cal Norml FAQ website link http://www.canorml.org/faq.html

5. Can I take my medical marijuana out of state on an airplane?

Some California airports (e.g. LAX and Oakland) have policies respecting patients' rights, but others (e.g. Arcata, Burbank and San Diego) don't. You may not be legal in the state where you land.

6. My job requires drug testing. Am I OK to smoke medical marijuana?

Not necessarily. Unless you are a member of a union or have some other kind of agreement with your employer, s/he does not have to accept your medical exemption. This was decided in a 2008 California Supreme Court case. Legislation passed in 2008 to protect medical marijuana patients in nonsafety-sensitive positions was vetoed by Gov. Schwarzenegger.

7. Is hash (hashish) legal to possess for medical use?

Yes. See A.G. Rules Hashish Included under Prop 215

8. Does a recommendation protect me from drug testing.

Not necessarily, you should always notify your employer of your use of MM. Further information about drug testing can be found at this link:http://www.canorml.org/healthfacts/drugtestguide/drugtestdetection.html

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