UPDATE: Colorado Medical Marijuana and Probation – Analysis Of The New Law In 2016 – 18-1.3-204

By H. Michael Steinberg Colorado Probation Violation Lawyer – Attorney

UPDATE: Colorado Medical Marijuana and Probation – Analysis Of The New Law In 2016 – In 2016 the Colorado State Legislature returned to Colorado Judges greater discretion in deciding whether to permit those on probation to use Medical Marijuana.

The New Law Was Passed As House Bill as H.B. 16-1359 Use Of Medical Marijuana While On Probation.

When the first article I drafted on this subject was uploaded the law prohibited a Colorado Judge from requiring that a person on probation refrain from possessing or using medical marijuana unless the person was convicted of a crime related to medical marijuana

or,

based on an assessment, the court determines that a prohibition against such possession or use is necessary to accomplish the goals of sentencing.

The NEW LAW – 18-1.3-204 – removes any need for an assessment and gives the Court broad authority to decide whether to permit or not permit the use of medical marijuana.

Here is the law

HOUSE BILL 16-1359

BY REPRESENTATIVE(S) Salazar, Ginal, Kagan, Lebsock, Melton, Moreno, Ryden, Vigil; also SENATOR(S) Guzman, Heath, Merrifield.

CONCERNING THE USE OF MEDICAL MARIJUANA WHILE ON PROBATION.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. In Colorado Revised Statutes, 18-1.3-204, amend (2) (a) (VIII) as follows:

18-1.3-204. Conditions of probation – interstate compact probation transfer cash fund – creation. (2) (a) When granting probation, the court may, as a condition of probation, require that the defendant:

…

(VIII) Refrain from excessive use of alcohol or any unlawful use of controlled substances, as defined in section 18-18-102 (5), or of any other dangerous or abusable drug without a prescription; except that the court shall not, as a condition of probation, prohibit the possession or use of medical marijuana, as authorized pursuant to section 14 of article XVIII of the state constitution, unless:

B) The court determines, based on ANY MATERIAL EVIDENCE, THAT a prohibition against the possession or use of medical marijuana is necessary and appropriate to accomplish the goals of sentencing as stated in SECTION 18-1-102.5;