Section 11362.795 Of Article 2.5. Medical Marijuana Program From California Health And Safety Code >> Division 10. >> Chapter 6. >> Article 2.5.
11362.795
. (a) (1) Any criminal defendant who is eligible to use
marijuana pursuant to Section 11362.5 may request that the court
confirm that he or she is allowed to use medical marijuana while he
or she is on probation or released on bail.
(2) The court's decision and the reasons for the decision shall be
stated on the record and an entry stating those reasons shall be
made in the minutes of the court.
(3) During the period of probation or release on bail, if a
physician recommends that the probationer or defendant use medical
marijuana, the probationer or defendant may request a modification of
the conditions of probation or bail to authorize the use of medical
marijuana.
(4) The court's consideration of the modification request
authorized by this subdivision shall comply with the requirements of
this section.
(b) (1) Any person who is to be released on parole from a jail,
state prison, school, road camp, or other state or local 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.
A parolee's written conditions of parole shall reflect whether or not
a request for a modification of the conditions of his or her parole
to use medical marijuana was made, and whether the request was
granted or denied.
(2) 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.
(3) Any parolee whose request to use medical marijuana while on
parole was denied may pursue an administrative appeal of the
decision. Any decision on the appeal shall be in writing and shall
reflect the reasons for the decision.
(4) The administrative consideration of the modification request
authorized by this subdivision shall comply with the requirements of
this section.