If you are a criminal on probation in Colorado in some cases, you can legally use medical marijuana. Of the 22 judicial districts in Colorado, only four allow criminals on probation with medical marijuana cards to smoke all the pot they want. In the other judicial districts, it is up to the judge to determine the use of medical marijuana.
According to District Attorney Scott Storey, he believes it would break federal law to allow people on probation to smoke medical marijuana while still serving their sentences. DA Storey recently said, “Probation is a privilege. Frankly, you commit a felony; your presumptive sentence is the Department of Corrections. But we have other alternatives to the Department of Corrections, one of which is probation. But it is a privilege, not a right. If you’re going to take advantage of that privilege, you have to follow the rules.”
One man who was convicted of three counts of sexual assault on a child in 2005 is currently on probation in Arapahoe County. The judge in this district is allowing this man to smoke marijuana for his old injures while on probation, over the protests of District Attorney Carol Chambers. The District Attorney opined that she felt it was not 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 then apply to the rest of the community.
A District Attorney in the 3rd Judicial District disagrees with the ruling that allows all probationers with medical marijuana cards to smoke pot. He said that a significant number of them on probation are drug abusers and the judicial system is trying to get them sober. Their abuse is contributing to their behavior and we are trying to modify their behavior so they’re not intoxicated all the time. The fact that they have medical marijuana cards allows them to sidestep the objective to lead sober lives.
This controversy throughout the state of Colorado needs to be resolved by lawmakers who can pass a law to either allow or deny criminals on probation from smoking medical marijuana.