Medical Marijuana For Probationers & Parolees In Colorado

Those working to make it legal for Colorado citizens who are on probation or have been paroled to use medical marijuana have gotten one giant step closer to seeing it happen. The Gazette reports that the House Judiciary Committee unanimously approved a proposal that would allow people on probation or on parole to use medical marijuana.

First Time In 15 Years That Medical Marijuana Legal For Parolees & Probationers

If the proposal gains approval by the full Legislature, it will be their first time in the 15 years that medical marijuana has been legal that it will not be considered a probation violation for people with medical clearance to use the drug. The change would not apply to probationers with a marijuana-related drug crime conviction.

“This is a great development for Colorado. Far too many probationers and parolees are being violated for using medical marijuana under the auspices of violation of federal law. Our jails and prisons are filling up with inmates who just used their medicine and are being violated for no other reason.” according to Jeremy Loew, Colorado Springs Criminal Defense Attorney. “It is providing a medial right to those in need.”

Colorado, Arizona And Others Change Medical Marijuana Laws

Colorado is in good company on the potential law change. Arizona’s high court just ruled that those on probation or parole should be allowed to use marijuana for medical treatment. Additionally, according to the Pro-Legalization Marijuana Policy Project, the U.S. Virgin Islands and Rhode Island allow those on probation to use medical marijuana legally. And, California stipulates that anyone on parole can petition the court to be allowed to use marijuana. Several other states are also tackling the issue with varied results.

The current proposal seeks to change a 2012 Colorado Court of Appeals ruling that said people on probation should not be allowed to use medical marijuana.

Parolees & Probationers May Be Able To Treat Medical Conditions

Allowing parolees and probationers legal access to medical marijuana gives these patients the ability to treat medical conditions with the best treatments available. For example, according to The Gazette, one supporter from Boulder who is on probation would now be allowed to use marijuana to treat her macular pucker, an eye condition. She claims other prescription drugs she is currently limited to are less effective.

Not Law Yet – Follow Current Laws

Loew warns that it is not legal yet. So if you are on probation or parole avoid trouble by continuing to follow the rules as they stand today.

Jeremy Loew, Esq.