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I am currently using prescribed anti epileptics to treat a motor tic disorder that I have had since I was a child. The pills make me extremely tired in the mornings and afternoons and I have been looking into other options. One doctor said medical marijuana's CNS sedative effect may help which after talking about with some other tourettes sufferers may be a legitimate option for me. I have yet to apply for a medical card or follow through on this in any way and I have never tried marijuana before.

My question is will being a medical marijuana patient effect my ability to pass the moral fitness part of the bar acceptance schtick? I am told I would only have to consume very little in the mornings to get the desired effect - and I would stop and go back to my anti epileptics if it was impacting my grades at all so that is not a problem.

Thanks for any advice you have for me. Any other detrimental effects it would have on my career that I am not foreseeing would be nice as well.

No way. Why would taking a legal drug which you have a prescription for be a problem? People who are convicted felons sometimes pass the C&F.

I do not know how the C&F will view prescribed medical marijuana use. While it is permitted in the state, it is still illegal under federal law.

As for other possible effects on your career, I would be concerned that it could limit where you can practice geographically. While it may not be a problem for the California bar, it might very well be a problem in Texas or Oklahoma for example, if you ever decide you want/need to practice there.

"Smoking a little bit in the morning" may very well impact your performance in school. It would for some, but not for others. Since you've never tried it before, try starting on a weekend to see how it affects you before you go to class on it.

Anyone else have any more insight? I would imagine this has had to come up before with the state/federal laws being so out of sync. Would the Bar comittee care about the federal law?

Call the CA Bar Association and ask them. Then you will get real answers instead of "I dunno but I guess XYZ".

paratactical wrote:Call the CA Bar Association and ask them. Then you will get real answers instead of "I dunno but I guess XYZ".

This. And there are other states where this is legal now, too so practice could always be open in those areas.
However, it is important to recognize that in most, if not all, states, if you have to pass a drug test the employer does not have to recognize MM as a prescription drug. There have been recent articles in the news where employers have fired a person who is using MM legally under state law. I guess this is because since federal law does not permit it the employers do not have to recognize it at this time?? Just my guess.

Anyway, you should call, I'm sure that's the better option over speculation.

Anonymous User wrote:I do not know how the C&F will view prescribed medical marijuana use. While it is permitted in the state, it is still illegal under federal law.

As for other possible effects on your career, I would be concerned that it could limit where you can practice geographically. While it may not be a problem for the California bar, it might very well be a problem in Texas or Oklahoma for example, if you ever decide you want/need to practice there.

"Smoking a little bit in the morning" may very well impact your performance in school. It would for some, but not for others. Since you've never tried it before, try starting on a weekend to see how it affects you before you go to class on it.

Spoken like a true law student. Bravo.

I have to agree here; despite the loophole in California, the fact remains it is still illegal under federal law. For this reason, I'd err on the side of caution and just assume the C&F might view this as a red flag. But more important is the fact that you've never smoked marijuana, and thus don't really know how it will affect you and your grades. Not to mention your diet as you'll inevitably become a human garbage can.

If the only thing that stood between me and the sweet dank was a medical doctor's prescription, I would fail every class for never finishing a complete thought. It's important for a law student to make sense when he speaks, and pot sort of lends itself to lots of nonsense. I'd be stuck on the first hypothetical for hours. Of course, some have the opposite reaction and perform perfectly well, and in fact write much more clearly, whilst high.

But my point is that your ultimate position on this spectrum should not be determined during this time of your life. I knew where I stood during college, and although I miss a little maryjane once in a while, I don't need it now. If I were you, I'd wait until I'd graduated and passed the bar. Then I'd celebrate this little gift from God you call a "tic" and celebrate in style:
--ImageRemoved--

^^^ Are these hops or KB?

Hmmmm, this may have actually never been investigated before. I feel a law review note coming on.

paratactical wrote:Call the CA Bar Association and ask them. Then you will get real answers instead of "I dunno but I guess XYZ".

This. Because its the CA Bar Association, and you're passing the C&F in CA, I'm sure its legal but why not just ask?

Call the State Bar's Ethics Hotline, which is anonymous. Technically, it is for admitted attorneys only, but I suspect you could get one of their staff members to call you back: http://ethics.calbar.ca.gov/Ethics/Hotline.aspx