People that are on probation or parole WILL NOW be allowed to use Marijuana (legal medicine). See House Bill 15-1267. Medical Marijuana is legal on probation IF APPROVED.
Marijuana while on probation has been a longtime problem for defense attorneys. Probation and Marijuana in Colorado has been an ongoing nightmare for our clients.
Marijuana has been proven to be a recognized form of medicine. If you have your red card, you should be allowed to use your medicine while on probation or parole. The Chief Judge has passed a directive stating that probation is a PRIVILEGE and therefore the Courts and Probation have the authority to prohibit marijuana while on probation (or Parole). We have argued that preventing someone from using medical marijuana, while on probation or parole or otherwise, is non-compassionate and tantamount to cruel and unusual punishment.
Being able to use marijuana is NOT A CONSTITUTIONAL RIGHT. Under the current federal laws, a person on probation is prohibited from committing another offense. The possession and use of marijuana is an offense under FEDERAL LAW. This bill makes an exception to the probation conditions for the possession and use of medical marijuana pursuant to the state constitution unless a person is convicted of a marijuana-related offense.
This does not mean that if you weren’t convicted of a marijuana-related offense that you automatically are given the right to possess and use medical marijuana. It only means that you are eligible to be screened. If your probation officer or the court determines that you are not a good candidate to be using medical marijuana while on parole or probation then they are the ultimate deciders. There is not a whole lot a defense attorney can do if probation has their own reasons for prohibiting the use of medical marijuana.
I am proud to say that I am one of the only zealous defense attorneys that has SEVERAL clients who are allowed to use medical marijuana, while on probation.
Unfortunately, I am receiving SO many phone calls from clients who have lawyers that do NOT even know about this law. Please feel free to contact me if you need help with your probation or parole.
It is NOT automatic and not every Judge will grant this. Some we are still fighting with, some are simply morally opposed and in some circumstances they cannot grant you your medicine while on probation. For example, I saw a Judge last week deny medical marijuana to a client that had a DUI car accident while under the influence of marijuana (not alcohol). The reason is in the Statue. The attorney obviously had NOT read the short statute below and spend 20 minutes arguing with the Judge. His client was furious that his attorney had apparently made his client promises that by law the client was NOT eligible to receive.
Just because you think that you are entitled to something does not mean that the court or probation will agree. This is a matter to be taken up with your specific probation officer. The Judge and Probation are the ultimate deciders. They are not infringing on your rights if they decide that you do not qualify to use medical marijuana on probation or parole.