The Colorado Supreme Court officially ruled that people on probation can still consume cannabis as long as they are ingesting it for medical purposes.
According to The Denver Channel, patients can now use prescribed medical cannabis during probation unless prosecutors can prove that using it would negatively impact the goals of a person’s sentence, or the desired outcomes of the prescribed punishment. The official decision makes sure that those who are charged still have access to their medicine.
The case was brought up because of an initial El Paso County court decision which ruled that a woman named Alysha Walton who pled guilty to a DUI wasn’t able to consume medical cannabis while on probation, despite the fact that she had a legal medical card and was prescribed cannabis. The court initially ruled that she couldn’t consume cannabis because a medical professional didn’t testify that she needed to use it, despite her showing documentation.
“Were we to wait for another case like this one to find its way to us with a defendant still serving her sentence, we might wait in vain,” Justice William W. Hood III wrote in the court’s decision to overturn this ruling and allow for patient use. “DUI sentences are often shorter than the time necessary for appeal and certiorari review. Meanwhile, this important issue regarding a defendant’s legislative permission to use medical marijuana while on probation will persist in El Paso County and perhaps elsewhere throughout the State of Colorado.”
Colorado has been at the forefront of legal cannabis at every turn, including recent studies on cannabis use in athletes, and many in the state are in favor of cannabis home delivery. This is another step forward for the already-forward-thinking state.