Medical marijuana by law and by affirmation in the Court of Appeals is allowable if prescribed by a licensed physician during the course of a bona fide physician-patient relationship for treatment of a serious or debilitating medical condition. Accordingly, if a person placed on probation wishes to use medical marijuana for treatment of a serious or debilitating medical condition, my intention is to use the following guidelines:
1. Are there other reasonable alternatives to medical marijuana? Unless the answer is clearly yes or no, defendant shall obtain, at defendant's expense, an evaluation, by a person approved by the probation department, whether medical marijuana is reasonably necessary for treatment of a serious or debilitating medical condition.
2. If medical marijuana is reasonably necessary, defendant may use marijuana prescribed by a licensed physician during the course of a bona fide physician-patient relationship for treatment of a serious or debilitating medical condition. Defendant shall not otherwise use or possess, or be in the presence of any person using or possessing, any controlled substance or imitation thereof. All prescriptions otherwise must be non-narcotic and prescribed by a licensed physician during the course of a bona fide physician-patient relationship.
3. Unless smoking medical marijuana is reasonably necessary to treat nausea and approved in writing by the court, the smoking of marijuana is prohibited and ingestion of medical marijuana shall be in oral tablet form.
4. Defendant shall not use or possess marijuana in the presence of any person using a controlled substance. (This precludes the sometimes practice of people using or possessing marijuana at the so called 'marijuana clubs'.)
5. Defendant shall not operate a motor vehicle.
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