Drug Crimes, Substance Abuse Confused on Federal probation and marijuana

[feduplady]

Hello All

I am a mother with 2 kids in California.

I am on FEDERAL probation for a NON violent and NON drug matter.

Prior to my probation I had a doctor's script for marijuana. And during my probation I continued renewing it.

On the monthly reports that I have to fill out for my probation officer there is a section that I must check off.
This section reads: "DO YOU POSSESS OR USE ANY ILLEGAL DRUGS".
I have been checking off NO.

I get the script from a medical licensed internist doctor and buy it from a store. Not the streets. And believe it or not I use it not to get "high". I have been prescribed ativan and other medication to no avail. I was hesitant at first but it actually worked for ME.

Either way since I believe I can use it in California???, the fact I am on FEDERAL probation and not State probation, NOW concerns me as I have been checking off NO on the reports for over a year now and have three years left on my probation.

Questions:
1. Does the doctors office report my script (and others) to the government?
2. Do the store(s) I purchase from report us customers to the government? or if they get shut down for whatever reason will their records be provided to some database and my probation officer finds out?
3. Should I just tell my probation officer, considering I am not on probation for drug use or drug sales? And the fact I really do need it and my doctor agrees?
4. Should I not say anything as she will never find out...or will she based on above questions?
My officer does "surprise" visits to my home every so often but she only comes in and speaks to me and my husband for a little and leaves.

Thanks so very much

 

[army judge]

Here's the "thing" about federal probation: they will test you eventually. If you test "hot" (and you will), you've got a big problem. The Feds don't recognize "medical marijuana".

Even if you're on federal probation for non-drug offenses, you'll get drug tested annually. Your PO can tell you. It should be written somewhere in the rules. As recent as a year ago, every probationer was being tested at least annually, others more frequently.

You should speak with the attorney who represented you about this, ASAP. See what advice he or she gives you. I've heard of some attorney's getting court orders from judges giving their probationers permission to consume medicinal "stuff". I've only heard of it. I have no direct knowledge of it.


You might also want to come clean to your PO. Your PO will give you the "skinny" on using any illicit drug, as far as the Feds are concerned. Maybe a "script" from your medical practitioner will be enough to satisfy him or her?

 

[feduplady]

Im sorry i wrote it wrong. I have been on federal probation for over 21 months and 28 months to go. But she never had me tested in 21 months. The only thing they did was take a DNA blood drop withing days after I was put on probation to put me in that computer database. But my crime was never to do with drugs so not sure why they would test me?

 

[army judge]

Im sorry i wrote it wrong. I have been on federal probation for over 21 months and 28 months to go. But she never had me tested in 21 months. The only thing they did was take a DNA blood drop withing days after I was put on probation to put me in that computer database. But my crime was never to do with drugs so not sure why they would test me?

You've been very lucky!

Everyone gets tested at least once, most get tested annually.


Who knows, you may get through it all and never get tested.


I've practiced at the federal bar for decades and have never observed a person that doesn't get tested at least once. If that is to be you, they'll get you somewhere in the last 90 days.

 

[feduplady]

I checked my probation terms and nothing says I will be tested. One sheet that mentioned it was NOT checked off.

 

[army judge]

I checked my probation terms and nothing says I will be tested. One sheet that mentioned it was NOT checked off.

Okay, then you never had a concern, did you?
Time will reveal the things we speculate and wonder about, won't it?