Marijuana on Probation

Marijuana, Pot or Weed, While on Probation in Colorado

Whether you are sentenced on a misdemeanor offense or a felony offense in the Denver area, your sentence will likely include a period of supervised probation. Probationers have been frustrated for years because the probation statute is very broad, and most probation officers prohibited Marijuana use completely. Generally, the law allows probation to impose ANY conditions that will help the defendant lead a law abiding life. Take a look at C.R.S. 18-1.3-204. With language that broad, it is no wonder that jurisdictions routinely require UAs even in cases where alcohol and/or drugs were not implicated in the crime itself. Another huge complaint of probationers has been that they are not allowed to use medical marijuana while on probation, despite a showing of medical need.

The New Law in Colorado on Probation and Medical Marijuana, Pot and Weed Use

Fortunately, the law has changed and now probationers and parolees are allowed to use medical marijuana, pot or weed. Be sure and note the required word "medical". Governor Hickenlooper signed the changes to the law into effect in May, 2015. Now, the Court or Probation Department in Jefferson and Adams County can no longer prohibit the possession or use of medical marijuana as a condition of probation. This is welcome relief to those who desperately need marijuana for pain relief. In many cases, marijuana is the most effective way to treat chronic symptoms.

What Happens with Probation Revocation in Arapahoe and Douglas County?

If a defendant fails to comply with the terms of your probation, that person will face a probation revocation proceeding. There are two ways that probation can be violated: (1) technical violations or (2) new law violations. Technical violations stem from the probationer's failure to comply with the specific terms of probation, i.e. monitored sobriety, missed classes, failure to pay fees, costs, or restitution. New law violations occur when the probationer is charged with a new criminal offense while already serving an active probation sentence. Now, due to the changes in the probation statute, use of medical marijuana does not constitute a technical violation nor a new offense. As such, this cannot be the basis of a probation revocation. If you are on probation and have been threatened with revocation proceedings due to failed UAs and you have a medical marijuana license, consult with an experienced criminal attorney.

Know and Protect Your Rights While on Probation in Colorado

If you are subject to a probation revocation for a felony or misdemeanor in Thornton, Westminster or Golden, the criminal attorneys at the O'Malley Law Office can help make sure your rights are protected, including your constitutional right to use medical marijuana. We are experienced defense attorneys who devote ourselves solely to the practice of criminal defense. When you are accused of violating your probation, be smart, remain silent and consult with an attorney. Call us today at 303-731-0719. Together, we can protect your future.

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