Colorado Court Rules Medical Marijuana Users Not Allowed to Medicate While on Probation

 by lucy

The Colorado Court of Appeals has ruled that medical marijuana patients who are on probation that stipulates no drug use are not allowed to medicate during their probation.

This ruling by the appeals court came about due to the case of Leonard Watkins, a sex offender on probation who was allowed to smoke medical marijuana.  The District DA disagreed with the ruling, feeling as though a convicted sex offender (or any criminal) under the influence of marijuana could be potentially dangerous to the public.

Watkins’ attorneys argued that Amendment 20, which legalized medical marijuana in Colorado, “is paramount and necessarily prevails” over probation rules that disallow him from possessing “any narcotic, dangerous or abusable substance without a prescription.”

The judges disagreed, and ruled that individuals in Colorado who are on probation stipulating no drug possession or use must refrain from possessing or using medical marijuana.  A doctor’s recommendation for medical marijuana does not qualify as a prescription, which leads medical marijuana to not qualify for the terms of Watkins’, and many others’, probation.



3 Responses so far | Have Your Say!

  1. 1

    said on Feb 8, 2012

    Hopefully it won’t be too long before cannabis is considered a medicine.

  2. 0

    GiChoke420 said on Feb 25, 2012

    I will be placed on probation in Colorado in April. Regardless of this ruling, the state has no way to enforce a federal law. I will be consulting with my attorney about this issue, because as of right now, I have no plans to quit. Watch the news for me, I may be about to be famous.

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