Court Of Appeals Says No Medical Marijuana Use While On Probation
Medical marijuana users in Colorado that also happen to be in the process of completing their probationary sentence are having a bad day. The Colorado Court of Appeals has sided with an Arapahoe County District Attorney who argued that a registered medical marijuana user who is also on probation cannot use marijuana because the use is a violation of federal law, according to 7News.
The ruling overturns a decision by District Judge Carlos Samour that allowed Leonard Charles Watkins, a man who was sentenced to six years probation after being convicted for sexual assault on a child in 2005, to smoke pot for pain relief of unrelated injuries, 9News reports. Arapahoe County DA Carol Chambers did not agree with Judge Samour's decision, stating to 9News in an email:
Does anyone think it's a good idea to allow a convicted sex offender to get high? People on probation have admitted to violating the law. There are different public safety concerns and different laws that apply to them than apply to the rest of the community.
Apparently the appeals court agreed with DA Chambers and ruled accordingly. According to The Denver Post, the appeals court concluded this: possession and use of marijuana is outlawed federally and a person on probation is prohibited from committing another offense, including federal offenses, so the state's Medical Use of Marijuana Amendment does not allow a court to exempt a person on probation from complying with federal law.
Read the court's ruling below: