Parole Modification, Parole Revocation & Administrative Appeals
SB 420 authorizes qualified patients the opportunity to request that they be permitted to use medical marijuana while they are released on parole. Pursuant to California Health & Safety Code § 11362.795(b)(1), any person who is to be released on parole from a state prison or institution of confinement and who is eligible to use medical marijuana pursuant to Section 11362.5, may request that he or she be allowed to use medical marijuana during the period he or she is released on parole. CANNABIS LAW GROUP can represent you and help you obtain a modification to the terms of your parole which can allow you to use medical marijuana while on parole.
In some cases, you do not have to have your medical marijuana recommendation prior to the time you are released on parole. You may still be able to obtain the parole modification even if you obtain a doctor's recommendation after you are released on parole. Section 11362.795(b)(2) states that if "during the period of the parole, where a physician recommends that the parolee use medical marijuana, the parolee may request a modification of the conditions of the parole to authorize the use of medical marijuana."
In some instances, even if the court imposes a parole condition forbidding all marijuana use, CANNABIS LAW GROUP may assert the Compassionate Use Act as a defense on your behalf in any parole revocation proceedings, pursuant to People v. Tilehkooh, (2003) 7 Cal.Rpt.3d 226 (holding that no rehabilitative purpose is served by such probation condition in cases where there is no claim of diversion or violent behavior by defendant).
Lastly, if you are initially denied access to your medical marijuana, you can appeal the decision. According to Section 11362.795(b)(3), "any parolee whose request to use medical marijuana while on parole was denied may pursue an administrative appeal of the decision." The attorneys at CANNABIS LAW GROUP can represent you in a Parole Modification or Parole Revocation hearing to get the terms of your parole modified to allow you to use medical marijuana while you are on parole and avoid going back to jail. We can also represent you for an Administrative Appeal if the Court or parole board denies your initial request. Call CANNABIS LAW GROUP now at 949-375-4734 for a free consultation.