Court of Appeals Nixes Medical Pot Use While On Probation

the Denver Post

Defendants on probation in Colorado may not use medical marijuana even if they have a medical marijuana identification card authorizing them to do so, the Colorado Court of Appeals has ruled.
The court overturned 18th Judicial District Judge Carlos Samour's decision to allow Leonard Charles Watkins, who was sentenced to six years probation for felony sexual exploitation of a child, to use medical marijuana.
Senior Deputy District Attorney David C. Jones of the 18th Judicial District appealed Samour's decision.
"We conclude that the trial court erred in approving such use by defendant," wrote appeals court Judge Robert Kapelke.
The appeals court found that Colorado's Medical Use of Marijuana Amendment does not permit a court to exempt a probationer from complying with federal law, which outlaws possession and use of marijuana.
"Does the statutorily mandated condition of probation requiring a probationer not to 'commit another offense' while on probation include commission of offenses under federal law?" the court's opinion reads. "We conclude that it does."
The case will be sent back to Samour's court to revise Watkins' terms of probation.

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