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 Patient Evades Jail, Granted Right to
   Use Marijuana While on Probation 

As a result of testing positive in May 2006 while on probation, California medical marijuana patient Rachel Jones* was charged with violating her probation conditions. Ignoring Rachel’s doctor’s recommendation, which established her status as a qualified patient, her probation officer recommended jail time.  


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          Turning to her attorney, a Los Angeles public defender, Rachel sought to fight  the threat of jail time. Unfortunately, her public defender did not believe  that Rachel had a viable medical condition, and when she went to court, the  judge sentenced Rachel to a year in jail. With nowhere left to turn, Rachel  contacted ASA seeking our help.    ASA Chief Counsel Joe Elford contacted the Los Angeles public defender office  to report the substandard legal representation, and encouraged them to utilize  the legal decision in People v. Jones, which upheld a patient's recommendation  as all that is needed for a jury to establish patient status. To her surprise,  when Rachel went to court to turn herself in, her attorney got the court to  reverse her sentence. Not only did the court set aside Rachel's sentence, but  her attorney was also able to get her probation conditions amended by court  order to allow her to consume marijuana while on probation.    As an African-American woman on a fixed income, Rachel was vulnerable, like so  many others, to a system that mistreats patients and those with limited means  of defense. ASA is determined to fight for the rights of patients like Rachel  and, as such, has been working with the California Department of Corrections  and Rehabilitation to help improve a policy issued November 28, 2006, that  exempts patients on probation or parole from testing for marijuana.       *Rachel's last name has been changed to protect her identity.  
Americans for Safe Access  1322 Webster Street, Ste. 208  Oakland, CA 94612  Phone: 510-251-1856  Fax: 510-251-2036  Email us! <mailto:info@safeaccessnow.org>