Wednesday, February 8, 2012

Colorado Court Rules On Medical Marijuana During Probation


The Colorado Court of Appeals has ruled that probation can impose conditions, including, the no consumption of marijuana even for medical purposes. The essence of the court ruling is that since the Colorado Statutes dealing with probation (which is NOT A RIGHT but rather a gift by the legislature) requires the Court to impose as a condition of probation that the probationer not commit any offense including any federal, state, and city violations of law the use of marijuana is a crime or offense under federal law and therefore an offense for the purposes of the probation condition - not to violate any laws where the punishment can be a fine or incarceration or both. Also the court reasoned that the purpose of probation is to rehabilitate the probationer so that he or she can become or lead a law abiding life. The Court also looked into whether medicinal marijuana was a prescription or a written documentation. It found that medicinal marijuana is not a prescription but rather a mere written documentation and therefore, you are not covered by prescribed medications , which is allowed while on probation. The irony is you can be on prescribed NARCOTICS (some highly addictive) while on probation but not the green leafy stuff called marijuana. The Court further reasoned that while on probation a probationer can be denied or restrictions can be imposed on his or her constitutional rights.This decision came about when a District Court Judge granted a Defendant's motion to amend his sentence while on probation to allow the use of marijuana for medical purposes but now our learned and most esteemed higher court, the Court of Appeal, has said to all sick people on probation that you cannot use any amount of marijuana even for medicinally purposes and even if it helps alleviate your pain or suffering. If you do use marijuana for medicinally purposes your probation can be revoked and the the GOOD state of Colorado can send you to jail or prison even if you were otherwise compliant with all other terms and conditions of probation. So all you people who need marijuana as a medicine do not be placed on probation for is do then you must sacrifice any use of medicinal marijuana. With all due respect to our fellow citizens in the uniquely enlightened and wise men and women in black robes. we must applaud this decision as one even Solomon would be proud.
 
Attached is the full court opinion
 
In short, No medical marijuana while on probation. This restriction can be extended to parolees while on parole.
 
Call the Iyer Law Office LLC if your have questions at 720-262-8295 about a criminal matter or need the help of a Denver criminal attorney.