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Can I Use Marijuana While on Parole or Probation in Colorado?
/ 12 October, 2020

Whether you’re sentenced on a felony offense or misdemeanor offense in Colorado, your sentence is likely to include a period of probation (supervised). Many probationers have been frustrated for many years as the probation statute is broad, and many probation officers prohibited the use of marijuana entirely.

The law previously allowed probation to impose different conditions that would help the accused lead a law-abiding life. One of the common complaints of probationers is that they were not allowed to use marijuana for medical reasons.

But the law has changed 

The good news is that Colorado’s new law allows parolees and probationers to use medical pot, weed, or marijuana. Pay attention to the word ‘medicinal’ as it means all the difference between what’s legal and illegal when it comes to marijuana use. In May 2015, Governor Hickenlooper reviewed and signed the changes to marijuana-related law into effect.

Currently, the court of probation in Adams and Jefferson counties cannot prohibit the use or possession of medical marijuana as a mandatory condition of probation or parole. This is a relief to patients who desperately need weed for medical reasons such as pain management.

What would happen in case of probation revocation in Douglas and Arapahoe counties?

If you, the defendant, violate your probation terms, you are likely to face a probation revocation proceeding. Probation can be violated in two different ways. First is the technical violation, and the second the new law violation.

Generally, technical violations stem from your failure to comply with your probation’s specific conditions. Some of these failures include missed classes, monitored sobriety, inability to pay necessary fees, and other offenses. On the other hand, new law related probation violations occur when you, the defendant, are charged with a new crime while already serving an active probation period.

The good news is that the recent changes in Colorado’s probation statute allow medical marijuana use. This doesn’t constitute a technical violation or a new offense. Thus, it can’t be the basis of the revocation of probation. If you have been threatened with a probation revocation of proceedings because of a failed UAs and you have a valid medical marijuana license, it is essential to consult with a reliable criminal lawyer. 

Additional rules 

If you were previously convicted of a marijuana-related offense, you’ll be prohibited from using it on parole or probation. Other essential things that you must remember while using medical marijuana include;

  • An employer still has the right to prohibit the use of marijuana as an integral part of terms of employment
  • Though Colorado State offers protection for the possession and use of medical marijuana, it’s illegal to travel across state lines with it
  • The terms of parole or probation also apply to travels with medical marijuana
  • A valid prescription for related medical marijuana is also subject to the state laws

Colorado HB 1267 applies to the use and possession of medical marijuana only. As such, recreational weed users who are on parole or probation are not protected under this law. It’s important to mention that the terms of parole or probation vary from person to person, and in most cases, recreational weed use is prohibited.

Suppose you are unaware of the specific terms of your parole or probation. In that case, you could find yourself in trouble if you just assume that the new law applies in every situation involving the use of recreational or medical marijuana. Violation of parole or probation terms might lead to severe ramifications like jail time or an extended period of probation. So, consult with an experienced attorney if you still have questions about your parole or probation.

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