If an individual has been convicted and sentenced of a DUI or any reduction in charges that originally started as a DUI there may be an abstain condition in the sentence. Such a condition would prohibit the consumption of alcohol and the use of any mood altering drugs not prescribed by a physician.
Many courts take the position that this would include the authorization of medical marijuana. Many courts feel the authorization of medical marijuana is extremely liberal especially if it is not prescribed by an actual physician. In addition the Court is trying to prevent individuals from being sentenced to an abstain condition then going out and getting a medical marijuana card and saying it is a prescription and therefore it is okay to use.
If an individual is charged with a DUI or any other offense that may require an abstain condition at the time of sentencing and they currently are authorized to use medical marijuana. Then at the time of sentencing an exception would need to be made by the Judge to allow such use. In my experience if an individual provides the following evidence and documentation to the Court at the time of sentencing then they have a greater chance of a Judge making this exception.
Recommending medical provider's name and contact info: This is important because many people simply go to the local hemp fest or make contact with the local street front medical marijuana dispensary to get their card. If the contact info is provided then it is going to be looked at as more legitimate.
Precise medical condition must be documented: This can be presented in the form of live testimony or a declaration from the physician. The jurisdictions that authorize the use of medical marijuana set out certain conditions when it may be needed.
Symptoms cannot be relieved by standard treatment or medications: When asking a court for this exception it's important to be able to say other standard treatments are not successful and this is why the medical marijuana was prescribed.
Details of dosage: Having a lifetime supply of pot is not going to look good in front of a Judge. Having a detailed dosage and a specific plan outlined for the defendant is better.
Prior history was considered: When authorizing medical marijuana a physician should take into account any chemical dependence issues prior to the authorization. This will probably be a Judge biggest concern.
Letter from chemical dependency provider: Again one of the biggest issues a Judge may have with this especially with an alcohol or drug related offense is whether the treatment provider is on board.
Obviously different jurisdictions may have different requirements when it comes to this kind of exception. However in my experience if the following information is able to be provided by an actual medical doctor, not a nurse, or some other medical personnel in the form of live testimony than a Court would have to honor the authorization.
Many courts take the position that this would include the authorization of medical marijuana. Many courts feel the authorization of medical marijuana is extremely liberal especially if it is not prescribed by an actual physician. In addition the Court is trying to prevent individuals from being sentenced to an abstain condition then going out and getting a medical marijuana card and saying it is a prescription and therefore it is okay to use.
If an individual is charged with a DUI or any other offense that may require an abstain condition at the time of sentencing and they currently are authorized to use medical marijuana. Then at the time of sentencing an exception would need to be made by the Judge to allow such use. In my experience if an individual provides the following evidence and documentation to the Court at the time of sentencing then they have a greater chance of a Judge making this exception.
Recommending medical provider's name and contact info: This is important because many people simply go to the local hemp fest or make contact with the local street front medical marijuana dispensary to get their card. If the contact info is provided then it is going to be looked at as more legitimate.
Precise medical condition must be documented: This can be presented in the form of live testimony or a declaration from the physician. The jurisdictions that authorize the use of medical marijuana set out certain conditions when it may be needed.
Symptoms cannot be relieved by standard treatment or medications: When asking a court for this exception it's important to be able to say other standard treatments are not successful and this is why the medical marijuana was prescribed.
Details of dosage: Having a lifetime supply of pot is not going to look good in front of a Judge. Having a detailed dosage and a specific plan outlined for the defendant is better.
Prior history was considered: When authorizing medical marijuana a physician should take into account any chemical dependence issues prior to the authorization. This will probably be a Judge biggest concern.
Letter from chemical dependency provider: Again one of the biggest issues a Judge may have with this especially with an alcohol or drug related offense is whether the treatment provider is on board.
Obviously different jurisdictions may have different requirements when it comes to this kind of exception. However in my experience if the following information is able to be provided by an actual medical doctor, not a nurse, or some other medical personnel in the form of live testimony than a Court would have to honor the authorization.
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