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.