For the past 15 years, Colorado has allowed medical marijuana use, but if you were on probation and tested positive for marijuana, you could face serious consequences.
As of early May, people on probation no longer have to worry; Gov. John Hickenlooper has signed into law a bill that allows the usage of marijuana by people on probation, provided they have written documentation from a doctor.
Can All Probationers Smoke Medical Marijuana?
There are exceptions to the new law that mean a person on probation, or “probationer,” could still violate their sentence.
When a person applies for probation, the person will be subjected to an alcohol and drug abuse assessment. Depending on the results of the assessment, the probation department may deny permission to the person to use medical marijuana.
There is also an exception for probationers convicted as a criminal under the Colorado Medical Marijuana Code, specifically the Unlawful Acts section of Part 9. Crimes under the code include things like smoking weed inside the medical marijuana center, selling your prescribed weed, allowing someone else to purchase marijuana with your prescription and other acts of that nature. That said, it is fairly rare for charges to be filed under the Colorado Medical Marijuana Code.
Also, despite what you may have heard on the news about this law, it does not specifically reference parolees. Whether parolees are allowed to smoke weed is up to the Colorado Board of Parole.
This new law has not had much opportunity to be tested. If you are on probation and have a prescription for medical marijuana, you should speak to your probation officer to determine whether smoking would violate the terms of your probation. Visit our marijuana FAQs for more information.
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Source: http://denver.cbslocal.com/2015/05/08/bill-allowing-medical-pot-use-while-on-probation-becomes-law/ Is Smoking Weed on Probation Legal in Colorado?
For the past 15 years, Colorado has been at the forefront of the evolving landscape of marijuana laws in the United States. While the state legalized medical marijuana use in 2009, navigating the complex web of regulations has been a challenge, especially for those on probation. However, a recent development has brought some clarity to the issue, potentially providing relief to individuals under probation who rely on medical marijuana for their health needs.
As of early May, a new law signed by Colorado Governor John Hickenlooper allows individuals on probation to use medical marijuana, provided they have written documentation from a doctor. This marks a significant change in the state’s stance on medical marijuana use for those under probation.
Previously, individuals on probation faced the risk of violating their probation if they tested positive for marijuana, even if it was for medical purposes. This could lead to serious consequences, including incarceration. However, the new law aims to address this issue, acknowledging the therapeutic benefits of medical marijuana.
Despite this progressive step, there are important nuances to consider. When an individual applies for probation, they undergo an alcohol and drug abuse assessment. Depending on the results of this assessment, the probation department may or may not grant permission for the use of medical marijuana.
Additionally, the new law does not apply to probationers convicted under the Colorado Medical Marijuana Code, specifically the Unlawful Acts section of Part 9. These offenses include activities like using marijuana inside a medical marijuana center, selling prescribed marijuana, or allowing someone else to purchase marijuana with their prescription. While it’s relatively rare for charges to be filed under this code, it’s essential to be aware of these exceptions.
It’s worth noting that the new law does not explicitly address parolees, leaving the question of whether parolees are allowed to use medical marijuana in the hands of the Colorado Board of Parole.
As this law is relatively new, its implementation may still have uncertainties and challenges. Suppose you are on probation and have a valid prescription for medical marijuana. In that case, it is advisable to communicate openly with your probation officer to determine whether using medical marijuana would violate the terms of your probation.
Conclusion
In conclusion, Colorado’s recent legislative change represents a significant step forward in recognizing the medical benefits of marijuana and providing relief to individuals on probation who rely on it for their health needs. However, navigating these changes can still be complex, and it’s essential to stay informed about the latest developments in marijuana laws in the state. If you have questions or concerns regarding medical marijuana use and probation, seeking legal advice from experts like Thomas & Ahnell, LLC can provide valuable guidance and support.
Do you have further questions or concerns? Call us or contact the attorneys at Thomas & Ahnell, LLC, and we will be happy to help.