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Probation, Cannabis and You

Well,
the Colorado legislature has passed and the governor has signed into law House
Bill 15-1267. You will remember from last month’s column that the law prohibits
use of medical cannabis while

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Flickr user Joe Flood

Well,
the Colorado legislature has passed and the governor has signed into law
House
Bill 15-1267
. You will remember from last month’s column that the law prohibits
use of medical cannabis while on probation, if you are on probation for some
specific charges, but otherwise states you to use medical cannabis unless, “The
Court determines based on the assessment [by the Probation Department] required
by Section 18-1.3-209, a prohibition against the possession or use of medical
marijuana is necessary and appropriate to accomplish the goals of sentencing as
stated in Sec. 18-1-102.5.”

This
column is not intended to be offering legal advice. Please consult a lawyer if
you want legal advice on how to implement this new law. The least you should do
is Google Colorado legislature House Bill 15-1267, and read the law. You will
hear all kinds of things about what it says and you cannot rely on anything you
hear, so read it for yourself first. It is not long and is pretty clear.

To even
qualify for the new law you must have a current medical cannabis “red card”
issued by the government. A major way you will get in trouble for trying to use
cannabis under the new law is to not have a current card; you do not qualify if
your card is out of date. Also, make sure you are not on probation for any of
the charges set out in the new law. Read the law, and look up the charges
prohibited or hire an attorney to make that determination.

Different
people will approach adopting the new law different ways. If they were using
medical cannabis before
getting on probation
and had to stop after they were placed on probation, then some will gather
their medical records which support the medical reason they qualify for medical
cannabis in Colorado and go and talk with his/her probation officer and explain
how they now intend to resume using the medicine. If that doesn’t work, they
may file a motion with the court, or write a letter to the court if they don’t
have a lawyer, explaining the medical reasons supporting the need to resume
using medical cannabis.

Some
people who were not
using medical cannabis before
being placed on probation, but found that you needed it while on probation,
will do the above as well. This law is for everyone on probation.

Another
approach is that some people may simply take the law at face value and start
medicating legally with their current medical cannabis “red card.” You may
interpret the law to mean that you can under the law use medical cannabis while
on probation unless
or until the Court
determines, you cannot possess or use medical cannabis . . . because it does
not accomplish the goals of sentencing. How would you know that ahead of time?
It would be the burden of the government to come in and show
why you must stop using medical cannabis as they allege you do not qualify
under the law.

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