- The Weed Blog https://www.theweedblog.com
Share.

People On Probation/Parole Can Use Medical Marijuana In Colorado

136

colorado probation parole medical marijuanaPeople that are on probation or parole should still be allowed to use legal medicine. Just because someone is in the criminal justice system doesn’t mean that they don’t suffer from various conditions or ailments. Marijuana is a proven form of medicine, and if someone qualifies for a medical marijuana program to use it, they should be allowed to do so. To prevent someone from using medical marijuana, while on probation or parole or otherwise, is non-compassionate. Colorado’s Legislature and Governor agree, which is why they recently passed House Bill 1267. Per The Joint Blog:

Colorado Governor John Hickenlooper has signed House Bill 1267 into law, allowing those on probation or parole to use medical cannabis.

Although medical cannabis has been legal in Colorado since voters approved Amendment 20 in 2000, the use of the medicine while on probation or parole has remained prohibited. House Bill 1267, which takes effect immediately, changes that.

This is a common sense move by the State of Colorado. Colorado joins Arizona and Rhode Island in allowing those that are on probation or parole to use medical marijuana. This will help countless numbers of people in Colorado, who might otherwise turn to much more harmful substances in an attempt to mask their conditions. I really hope more states follow suit, including my home state, Oregon.

Share.

About Author

136 Comments

  1. What was your outcome Rudy? I am in the same situation. I am filling a motion for a hearing also.

    Regards,

    Max

  2. File a motion and present your arguments to the judge. Its best to explain to them how you will benefit from mmj instead of pharmaceuticals. Under the new bill they can’t deny you for the substance abuse assessment anymore. Its worth a shot that’s what I am doing.

  3. Renew your red card then file a motion to the court with your condition and why you benefit from mmj better then pharmaceuticals.

  4. Hey there I am referencing hb16-1359 it is a bill that will be revising the hb15-1267. Hb16-1359 was successfully passed and it removed the section of hb15-1267 about the substance abuse assement which it the part I was denied for and a lot of others were denied for. They were denying people for being honest about the amount of alcohol/drugs they have consumed in their lifetimes. It was bogus and they denied me for telling them that I tried alcohol and used mmj daily. I just filed a motion to tell them that I can’t be denied for the substance abuse assessment and I don’t want to go back to pharmaceutical drugs. I have a real doctors letter stating MMj is what works best for me too. I am hopeful that they will allow me to use my mmj. I have proven I don’t have substance abuse problem I haven’t had one dirty UA. I am completely off UAs now too. How did it go for you did they let you use your mmj?

  5. HI Rudy,
    Do you know the name of the bill you are referencing? Am I correct that the one that passed last year was 15 12-67? I am looking for the name of this one as it is the first time I have heard of it. If it passes it should go through in July I believe.

  6. Renitha Taylor on

    I would like to know can I still get my red card even tho I have been on probation seven months now but have six to go but I don’t think it’s not fair that I can’t smoke when it has nothing to do with drugs,it’s a dv… so what i am trying asks can I have a chance to get my red card because I want to get it but not if they are going tell me no I think the just want more money straight b.s. and I am in AURORA

  7. if i am on probation in texas and i move to colorado, will i still be eligible for a medical marijuana card?

  8. Same happened to me. There is a house bill that is going through the general assembly in Colorado right now to change this law. It hasn’t helped majority of people with mmj cards. People are being forced to go back to pharmaceutical prescriptions and being denied their more effective choice of medicine, cannabis. It’s not right to continue down the path that it is on right now by violating mmj card holders probation for using their meds. I am deeply affected by this aswell. The new bill would make it so that anyone who was convicted of a mmj related crime would be the only people not allowed to use while on probation. The bill would eliminate the part of the law which people can be denied for an assessment and the section that says “to complete the goals of sentencing” part of this bill that most people are being denied for. I am very hopeful for this to pass it just passed the first portion of the general assembly a 11-0 yes vote. It still has a couple more phases to go through then it will be sent to the governor. If this passes the only reason they will be able to deny it is if your crime was a mmj crime.

  9. The judge has the ultimate decision on either to allow it or deny it under the law. So it’s up to them pretty much. They are denying for any reason they want because most judges are just morally not accepting it. Did they tell you that they aren’t going to allow it?

  10. So if a colorado judge court orders no medical pot does that bypass house bill1267

  11. In your other post it says you got a 4 year deferred for felony menacing? I understand the same thing happened to me mine was not drug related at all. They will deny for any reason possible. People with pharmaceutical prescriptions for opiates and benzos can still use while being drug tested but they won’t let people use a natural plant. It’s ridicolous if you ask me. This law hasn’t helped the majority of mmj patients that really need it.

  12. jamesmitchem85 on

    The issue is I’m being tested for drugs and I don’t have a drug conviction. I was charged with a DUI and I want guilty so I took a deal for a petty offense.

  13. These are telling you that they don’t want you to use mmj due to “the goals of sentencing and probaion”. It’s all a bunch of bs if you ask me. My attorney said they are denying for any reasons. This law doesn’t protect the people who have mmj cards because it gives the judges too much power to deny for any reason they can find. Please keep us updated how it goes for you.

  14. Jerimy Kacie Kash Helm on

    John no, Colorado House Bill 1267 states that a person on probation may use withe a red card, nowhere dose it say parolees may use. they need to amend that in my opinion.

  15. Jerimy Kacie Kash Helm on

    Colorado, parolees are not aloud to use not even with a red card, Colorado house Bill 1267, only says probation not parole.

  16. It depends on what state your live in and the conditions of your probation or parole. Don’t bring it up unless asked and don’t lie. The worst is they say you can’t smoke. Buy a monkey dong online and you’ll be fine.

  17. Kate brown just signed hb 4014 which requires that when setting conditions for probation that medical marijuana be treated as prescription medications.

  18. The law isn’t saying anything about parole and the judge will find any excuse not to let you use. This law hasn’t worked for majority of people and people are still being threatened with prison and being sentenced because of it. They need to re word the ammendment to make it mandatory just like people who have opiate prescriptions. They allow people with obvious addictions to the pharmacy prescriptions to use but us medical marijuana patients can’t use a natural growing plant. It’s ridicolous!

  19. Not true if they don’t allow it they can. The law clearly states that gives the judge reasons not to allow it and they will find anything they can to not allow it.

  20. Hey they denied mine I have valid medical reason but they are saying I have a substance abuse problem from the psi that I took. I answered questions honestly now it’s being used against me. Is there anything I can do? I’m on probation in denver county.

  21. The bill states that it is legal to smoke mmj on probation, but if u have been arrested for mmj crimes they will deny your right and it states the judge has the leeway to tell you know, so I’m actuality the judge still has control to say if you can or not

  22. The way they work depends on the protocol your po goes by and probation departments like to make up there own policies so it is hard to say. I won’t ask what you are on probation for but if it is not for drug dealing or something they should not be able to tell you no, let me know what happens.

  23. It seems no one has an answer to the question of whether or not a person on parole can use medical marijuana! Does anyone really know? I’ve lost earned time and been told I can’t use it. I have my card and it still doesn’t seem like these people care. Are they making it a personal issue?

  24. There are signs posted at the parole offices in Denver saying we can’t use medical marijuana. I have losted earned time because of hot uas and I have my red card. My PO knows this but he still says I can’t use medical marijuana. My question is, is it legal for paroles to use medical marijuana or not.

  25. I am on probation for a felony
    I live in madras Oregon
    Can I still get a medical marijuana card legally and use legally?

  26. just wondering on

    Hey did the judge have to sign of on your permission to use. I turned mine in but they said the judge has to approve. Please write me back thanks

  27. Should I mention my card in the presentence invistagation? This will be my first time meeting my PO. Or should I wait till the 2nd time I meet after sentencing. Please someone let me know

  28. I am also transferred from another state and on probation in colorado now. I have a medical card and everything. it’s crazy to believe that I don’t have the same rights as everyone else being a resident of colorado. Does this new law protect me?

  29. i am on probation for misdemeanor domestic violence, non alcoholrelated. i applied for a card. will they deny me?

  30. just wondering on

    Can you use your temporary medical card and turn into probation, or do you have to wait for card in mail? Does the temporary card give you same rights?

  31. Just read the article, and several other places on the net, because if you’re on probation and have a card you’re golden. Neither the judge nor po can stop you.

  32. Michelle Ouattara on

    My son is 18 and has been on probation since he was 16 from a Juvy case he had hit me due to a side effect from a medication that he takes for epilepsy that causes anger if he doesn’t take a supplement b6 twice a day he can get very depressed negative an outburst of anger and he can’t control it and it’s not his fault in fact this medication that he’s on for his epilepsy is the same medication that the kids that were in Columbine school shooting used we’ve been trying to fight them on letting him use the marijuana he gave up on calling everyday and he doesn’t even go to his UA test they’re making him go through another year of probation he wants to get his red card when we have the money to get it. He is taking his b6 consistently we make sure he gets it and doesn’t miss it and he doesn’t want to be on probation anymore he’s been doing really good he got a job he doesn’t hurt me at all we get along great he’s such a wonderful kid and good heart and hard working and we have no problems at home at all now he continues to use the marijuana and I don’t fight him on it and I believe that he has a legal right to use it and when he gets his red card we’re going to try to fight this we just want some help legally to defend him is anyone out there that can help

  33. Any new experiences from people on probation. I am gonna be put on probation for misdemeanor Domestic violence. I have had my card for 5 years how should I go about telling my PO when I meet him/her for the first time?

  34. I really need info regarding Larimer County for someone who is going to be on parole ?? He heard that it is OK,but I Can’t find Anything to Confirm or Deny?? Help

  35. I’m i adams county. I just got probation and im high already. I havent had my real firzt meeting but i had my red card 3 years ago. I renewed it before i made the plea, . A week before court soi dont have my new card yet.
    n

  36. You should tell him he has to take judiciary notice, if not he can be removed from the bench and disbarred, and another judge who follows laws of the land will be more than happy to take his place.

  37. My judge deiced to follow his own rules and rejected my motion to use medical marijuana…

  38. I have a mmj license and I’m on probation fora d.u.I. who do I ask for permission to use and how?

  39. If you already gave them you’re paperwork they got it I don’t see why it wouldn’t be ok

  40. Danny Domenick on

    I asked thru email as these people never answer your phone calls or messages. Still waiting to hear back and asked on Thursday. My friend in DUI class has had it this whole time even before house bill 1267, but he was in the military. Funny how they treat people who served differently.

  41. My judge said no. P.O. had me sign a “waiver” that went to the judge, and refused to give me a copy of it.

  42. My P.O. said yes. It was the judge who said no. I am going to basically start protesting in front of the courthouse to stir up more shit and find other probationers being denied their rights as well. Ask. Good luck.

  43. Stewart Sciulli on

    I am in Eagle County also. So did the probation officer basically tell you it is at your own risk? It sounds like the po will not report anything, but if the judge wants to pursue it, he/she can still get you for a probation violation for using medical marijuana even with the new bill being passed?

  44. Diana Williams on

    Well Danny. Personally, it’s not worth the trouble. I obtained my medical card and also got a call from my probation officer. She wanted to remind me, even though she wouldn’t report me to the judge should I turn a dirty. She went on to say she couldn’t tell me how the law would view it. Meaning the judge. I suppose the judge checks with the po office since it’s in the same hall. And you have to remember Colorado has per sae law’s. Meaning a cop could think you’ve smoked 1 week ago, 2 weeks ago 3 weeks ago 4 weeks ago. Whatever, meanwhile you’ve lost your car, dog’s at home alone for god knows how long and you go to jail until your molecular composition comes back. Even if your clean, the damage has been done. I certainly don’t want to take any chances. So I’m not utilizing my card. In the duration of my probationary period, should it be descheduled or rescheduled. I’ll be ready. That’s the only way to look at it if you don’t want to go back to jail. Ya know. Sorry but truthful and factual.

  45. I’m currently on probation in Pueblo and have complied with everything..clean ua’s, payed off all fines etc…I took all medical marijuana paperwork and card like they asked me to and 2 months later still havent heard back from them. They won’t return my phone calls or anything.

  46. Danny Domenick on

    I saw your article and I am sorry for your situation. Seems like a whole bunch a bs like everything with the law usually is. I have a friend in my DUI class that has had his red card this whole time and been using mmj this whole time as his PO says it is an unrelated offense. I have seen that they will need you to go through another drug evaluation, only 300 dollars (bs), to see that it does not interfere with your rehabilitation. This is my first offense I took a blood test and was stupid enough to tell the counselor that did my drug/alcohol eval that I had smoked that night at the bar 2 hours before I drove. To which she replied oh that is why your levels are so low, and proceeded to put me on uas. I just don’t think it’s worth it for me to bring up to probation until everything is cleared up. Been clean and sober for over a month and hope to be terminated to unsupervised asap. I just love how something passes into law and they just find a way to avoid it or whatever. Fuck this judicial system and the war on weed!!

  47. Danny Domenick on

    Hey was wondering if you had any results? I am in larimer county, my probationary service is RMOMS, and I pled down a DUI to a DWAI. I only really want to use marijuana and going w/o alcohol is fine for me. Should I ask my probation officer or is it more trouble than it’s worth? Wondering if I will get shut down

  48. The Colorado Springs Independent did an article about my situation, http://www.csindy.com/coloradosprings/local-probationer-grapples-with-new-marijuana-law/Content?oid=3133810,

    Probation officer called a month ago, told me yes. Then at me next appointment, she said the judge turned it down, that he said no. Said numbers have to be zero’s by early September on my UA’s. (Not likely) The whole situation is weighing heavy on me right now. I need help to fight this for all of us on probation. If I have to be the poster child so to speak, I will be.

  49. Hey was wondering if you had any results? I am in larimer county, my probationary service is RMOMS, and I pled down a DUI to a DWAI. I only really want to use marijuana and going w/o alcohol is fine for me. Should I ask my probation officer or is it more trouble than it’s worth? Wondering if I will get shut down

  50. Hey was wondering if you had any results? I am in larimer county, my probationary service is RMOMS, and I pled down a DUI to a DWAI. I only really want to use marijuana and going w/o alcohol is fine for me. Should I ask my probation officer or is it more trouble than it’s worth?

  51. Lol are you serious? There is no way you will test positive unless you inhale it directly. Second hand smoke or contact will not be a problem. You would also probably be better off using google instead of looking here for answers. There is a ton of info out there on this topic check it out.

  52. I have a problem perhaps someone can help. I live in Colorado, am on probation and just recently found out my next door neighbor uses medical marijuana on a daily basis where as I haven’t touched the stuff in 40 years. Up until today I left my window open and he has always left both his window and door open, (knowing he uses I now keep my window closed). Is it possible for me to test positive even though I have nothing to do with it? I’ve never smelled it and wouldn’t have known he was using till I saw some of it on his end table. Now I won’t even go into his apartment for fear of possibly testing positive

  53. Premier Medical on

    It is a good thing for America to review everyone’s rights, if people are suffering, we should help them, no matter their status.

  54. Yeah I’m sure someone will need to take it to court and a judge will have to rule on it. Your in jeffco?

  55. they are dicking me saying im not allowed but i believe it is not legal for them to do so

  56. Has anyone in Jefferson county gotten approval for this. I have my red card and am on probation for domestic violence but not sure if I want to piss of the people who have a lot of control over my life. Any feedback would be appreciated.

  57. Mcthrash Killingham on

    Haven’t you included parole in error ? The bill states on probation. .says nothing about parole

  58. I personally spoke to my probation officer this afternoon and I’m pleased to report that the probation people in Eagle County acknowledge Bill 1267. I’m also excited to report that I have an appointment tomorrow to see if I qualify for a medical card. The appointment and filings will cost $175.00. I chose to let them fill out the paperwork and send it to the government. I’m also pleased to report that, if found eligible for medical marajuana, they immediately give you a temporary medical card. Which I can take straight to my probation officer to copy, before I go get my medicine. Chaching! Next on the agenda is the fair housing rules and laws. As one can not be denied the use of required medicines. Keep up with the good work, Colorado!

  59. I’ve read the bill and all the comments. I’m on probation in Eagle County and am going to see someone Tuesday for a mmj card. I’m tired of taking narcotics for pain. I will however bring up the bill to my po and won’t do anything about mmj until I get an OK. I also have a lawyer. Hed asked me if I had a medical card, prior to probation being ordered. Which was prior to the bill. I have great hope to be able to get away from pain and hopefully gain some quality of life back. M has always been a great pain killer. I also have ptsd and a few more acronyms. Thank you all, for the wonderful read and knowledge.

  60. Following my below post…
    My original spinal injury was published in a worldwide medical journal due to its severity. All of my recent surgeries and injuries are due to my original spinal injury…

  61. I just found this blog through a Google search and am trying to find more information about the subject of peoples on probation being able to obtain and use their medical cards in CO. I am a Colorado resident went to Oregon to get off of prescription medications due to multiple back injuries and surgeries and got a DUI. I let my red card lapse because of going to treatment at Hazelden. I will always be dealing with chronic pain and am desperate and miserable at times. My LEGAL option is to get back on prescription medications which scares me to death because I OD’d on those medications twice in one year. I am in the system now and at a loss for the proper resources. I can’t get hired at places that are less physically demanding and am waiting on a SSD case for the past 4+ years due to my medical disabilities. I have been off of prescription medications for 11 weeks for the second time around and am desperate for some help. Homeopathic remedies just don’t cut it all the time.
    Is there any way around all of this? I wrote my judge and have been sorely and blatantly denied. What do I do? Is there anything I can do?

  62. you people should actually read the bill…It’s PROBATION ONLY!! And yes you can still be in violation of the law since there clearly is a federal law against Marijuana

  63. Colorado parolee on

    Does this apply to people on parole the bill says probation does it also include parole

  64. Hey there I got on probation about 6 months ago. I got prescribed for medicinal for terrible migraines. I brought this up to my probation officer and she said she didn’t know too much about it and said there was nothing she could do without more information. I want to know If I can use medicinal or what I can bring up to her to allow me to partake. Thanks!!

  65. Hey there I got on probation about 6 months ago. I got prescribed for medicinal for terrible migraines. I brought this up to my probation officer and she said she didn’t know too much about it and said there was nothing she could do without more information. I want to know If I can use medicinal or what I can bring up to her to allow me to partake. Thanks!!

  66. Are u sure ? I’ve started probation three weeks ago taken 3 UA’s I’m a mmj patient n have yet to talk to my p.o about it should I smoke?

  67. I saw my probation officer two days ago and she told me that she would discuss it with her boss and get back to me Tuesday. She told me I was the first person in her office to ask about it. In anticipation of Bill 15-1267 being signed into law, I sent my paperwork in and am eagerly awaiting the arrival of my red card. I do have to do UA’s and not suprisingly, I had to do a UA yesterday. The grey area is what concerns me. The law is vague.

  68. Unfortunately for DUI cases the liberals won. Wile innocent until proven is the law, they basically have the right to take all that away!! But not your medicine!! They are not doctors! Civil disobedience might be in order. Dare the judge to discriminate against you condition, I could see lawsuit all over this.. If he does then I’d represent you.

  69. Yes, law is law whether they got the notice or not!! You are totally safe to smoke and fail UA’s . Your PO can try and get mad but nothing they can do.

  70. Too ease your minds.. This new law states that no judge can punish medical marijuana patents for none compliance. No matter what you PO tries to tell you, (and they will try to scare you).

  71. My husband is on probation with vet court and the people in vet court are saying since he is already on probation the doesn’t affect him it’s only for people being put on probation after it was signed

  72. As long as your registered with the Colorado department of health then your fine. The card is just proof of being in the registry. No judge can prosecute a led patient no matter what!! Proof of registry or not.

  73. It depends on the judge in charge of your original case!! The quick answer is no!! But speak with you Colorado probation officer and ask if they will allow it. The PO is your friend here not the new law.

  74. Does anyone know if this new law pertains to people on probation from another state that has been transferred to CO?

  75. I just talked to my probation officer, and he said that i can use medical marijuana. my question is i have the paperwork for the redcard that is “dispensary ready” paperwork. will this work as proof for him also since it works in a dispensary, or do i need the actual card?

  76. Ryan Herrmann on

    I put in a motion to modify probation on Tuesday and had a meeting with my PO on friday. The judge had sent the form to her for a signature before the judge would sign it. My PO made a photocopy of my med card and told me it shouldn’t be a problem for me to be using medical marijuana, but she said to hold of for a few days until she gives me the all clear. From what I understand she said if legislation passed the bill and the governor signed it then she has to follow the law and do her job as long as one of her superiors doesn’t say otherwise. Best of luck to you and your husband! Please keep all of us posted on your progress!

  77. NORML Sarah told me that its ultimately up to you, and that there its so grey but it does state that it takes effect immediatly. I also talked with a lawer and he went in circles about its up to you at this point but could be just like when MMJ was first coming around and might be some trials and tribulations. but again ultimately up to you. The other thing that he brought up was that since I have a DUI and when you do the assessment about if drugs are a problem for you and the reccomendation of other treatment that can be probationary dependant however again this has not been tried yet within the system that I am aware of yet but again it is a medicine. Another thing that was brought up is that if you have been charged with a medical marijuana charge… what that is not sure for got to ask the lawer what that conisists of. That is all the info that I have as of now in my own research. The lawer made it sound like hit and miss if the system wants to try to fight it or not… I personally am not getting the feeling in my case that i am ok even though she gave me other information on monday or tuesday but feel that should not have a problem in my case…… but again you never know with the court system

  78. chris what county I would love to know because it sure helps. especially as new as this is its still grey…. i talked to attorney just to see because i was told some intresting information but… i dont know be nice to see that way if its same county i know what im facing or need to do. What did you have to do in order to continue your medicine?

  79. Ryan Herrmann on

    If I were you I would fill out a request to modify terms of probation citing the law that has just passed and in the request describe as detailed as possible why you need this changed. It will go directly to the judge and they will either sign it or reject it. It’s worth a shot

  80. Mine is Denver. I I have left a message with the governor’s office and I am trying to find all the information that I can

  81. Thank you for the info, Kathleen..we are still waiting to hear back from everyone we contacted yesterday but the media and the media is just as confused as everyone else…I will keep everyone updated on our progress..

  82. Well we will see. The law is open for interpretation and see what happens. I’m just confused how it can be effective immediately and yet be such held off.Idk… anywAys

  83. We will see. Since reading the bill it’s left open very wide open for discussion so… I still don’t get how something can take effect immediately but still have a damper on it. I do plan to take my documentation in soon but…. it’s hard to stop seeing how it’s the only thing that helps for my medical conditions and I have tried numerous other medicine

  84. Kathleen Chippi on

    try Andrew Reid at Springer and Steinberg, Denver if you really want to fight. And good luck on hearing back from NORML though they should be trying to redeem themselves after bringing the unscientific 5 nanogram THC DUI level to Colorado.

  85. Kathleen Chippi on

    Until the CO Supreme Court rules in Coats v. Dish Network (and overturns the bad Appeals Court ruling that says all cannabis is still illegal in CO) no actual “rights” have been established in CO. The courts have ruled there are no “rights”, but ‘privileges’ that can be taken away (like losing the ‘privilege’ to use medical while on probation). A20 (nor A64) clearly grant “rights” in their language which means the courts must decide IF anyone has any “rights” and IF any cannabis is “lawful” under state and federal law.

    Thus far the Colorado Court of Appeals has ruled 3 times now that all cannabis use is still “unlawful” under BOTH state (yes, CO) and federal levels. The 3 cases are: The People v. Watkins (no medical use while on probation), Beinor v. ICOA (denied unemployment compensaton from the state over job loss for (red card) use away from work, with excellent job performance) and Coats v. Dish Network (fired from job for (red card) use away from work, with excellent job performance). The Supreme Court refused to hear appeal in Watkins and Beinor but is now deciding if the ruling from the Appeals Court in Coats v. Dish Network should stand or be overturned.

    The Patient and Caregiver Rights Litigation Project (PCRLP) has filed 5 lawsuits since 2010 (after passage of what we feel are unconstitutional attacks on patients, caregivers and doctors -HB10-1284 and SB10-109) that have been seeking clarity on cannabis “rights” and “lawful” use. We have an amicus brief (friend of the court) brief in Coats v. Dish Network. We argue patients, caregivers and doctors have cannabis “rights” and that use is “lawful” under both state and federal law. The High Courts decision will set national precedent. You can read the PCRLP brief at cannabis lawsuits dot com.

    The state of Colorado (Attorney General) is arguing in Coats v. Dish Network that all cannabis use under BOTH A20 and A64 is still unlawful and that the voters need a brand new constitutional amendment if we want any “lawful” cannabis. Brandon Coats attorney OUTRAGEOUSLY agrees with the state and Dish Network and CONCEDES that A20 did NOT legalize cannabis in CO in 2000, that his client has no “rights” and that federal law trymps the state law anyway. If you can figure that out to mean he isn’t throwing the case and everyone under the bus, please help me understand because I can only conclude it is intentional and selfish. Instead he argues that under a ‘unique” state statute the Justices can/should ignore the “lawful” issue under state and federal law and ignore the “right” issue and instead only consider that Mr. Coats can not lose his job over anything he does away from work under this unique state statute that was written to protect cigarette smokers from losing their jobs for smoking away from work in the 1990’s.

    Had “rights” been clearly established in the language of A20 (and A64) then no one could have ever been deprived of their “rights” to use cannabis medicine if they were on probation to begin with. In the same light, no one would lose their job over medicinal cannabis use away from work like Brandon Coats did when he failed his random drug test from Dish Network or like Jason Beinor did when he tested hot and lost his Denver street sweeping job. Both had OPTIONAL ‘red cards’ and thought they were protected from job loss for away from work use.

    After passage of both A20 and A64 people are STILL at risk of loss of : employment, child custody, unemployment compensation, gun rights, assets, student loans, housing, banking, government aid, organ transplant, health insurance, right to adoption, freedom etc.

    But the language in A20 (and A64) was written by MPP and they never intended on A20 being passed, let alone implemented. They told us in 1997 that “A20 was merely symbolic”. Of course activists didn’t want “merely symbolic” language enshrined in our constitution for this exact reason – innocent people still have their lives ruined and are still denied their non toxic medication.

    Who benefits from ‘symbolic” or ‘vague’ constitutional/legal cannabis language? Criminal defense attorneys (the people who make up supposedly pro reform national drug groups like MPP/DPA/NORML etc.) rehab centers, law enforcement, for profit private prisons, government–so the same people benefiting off of prohibition.

  86. Anyone has any news? I contacted my probation department today and they said similarly to what someone else posted, that they still haven’t gotten notification from the court. But if this law is in effect how would you be charged in front of a judge? Doesn’t seem like there’s any grey area to me

  87. I will also bring to the attention of her that it is hard to stop a medicine that works and helps. Why should I be discriminated still since it is medication and if she would refuse one of her clients a prescribed narcotic from a doctor for an injury and such

  88. What county? Mine didn’t know either. I think.I am going to go take a copy into her and yeah..n thing is though it says immediately but it’s so softly openly written if that makes sense

  89. Lol, Zoey! My hubs and I were just talking about how stunned we were when he brought it up at a probation meeting a month ago and no one knew what he was even talking about. They then told him it would be years before something like this passed into law. So today, when he took a copy of the law-printed directly from a link to the law-they asked to copy it, had no clue it had passed and then later accused him of fabricating it with my help because they couldn’t verify where he got his information from…WTF!!! I am so angry right now I could spit nails! I think they’re a bunch of grown toddlers with control issues that are having a fit because they lost a little bit of their control…probationers have to follow the law but so do the probation officers.

  90. my probation officer told me today that June 5th the judges and probation officers are going to sit down and discuss how this is going to work however it says that it is effective immediately in the bill in the law so I don’t know

  91. They should know that if anyone is supposed to know that already it should be the probation. Your PO is supposed to ask if you have a mmj licence and you need your paperwork.

  92. I’m not sure myself, Dave. We are waiting to hear back from the lawyers I contacted today. I also contacted the Colorado chapter of NORML but haven’t heard from them yet, either. We did hear from his probation officer who decided she wouldn’t be recognizing the law either, will be sending him to substance abuse treatment and/or revoking his probation if he tests positive for marijuana…we are going to fight this tooth and nail.

  93. I am on probation for dui, i am on 4 UAs per month. Makes no sense since I got in trouble for alcohol not marijuana. I haven’t talked to my P.O. about it yet, I thought that this bill was a green light but now I’m worried that mone might say the same thing. So what’s the point of signing it into law if it still won’t be allowed?

  94. Colorado resident on

    I haven’t even been found guilty, and they told me I couldn’t use marijuana. I have a red card and I have bad back problems, they have forced me to go to the doctor and get prescriptions that are derivatives of heroin!!!! I thought in America you were innocent until proven guilty, and why would they make me do hard drugs instead of a little marijuana?

  95. My husband is a Colorado probationer and was told this morning that even though the bill was signed into law on May 8th, the probation department will not recognize his medical card and he will STILL not be allowed to treat his back with the only thing that works for him which is a MMJ infused salve. His counselor told him this morning that she will be requesting a transfer if chooses to continue to treat his pain with MMJ whether there is a new law or not. She also stated that in his initial probation agreement, he signed away his right to use marijuana, in any way shape or form-medical card or no medical card…what do we do now? Isn’t this a direct violation of his constitutional rights granted in the state of Colorado?

  96. good job to all who voted if Dear Co , Thank you for light That you have shown which opens the dark to all the other states THANK YOU .
    form Massvocals
    Massachusetts

  97. We are making some progress. Even the Governor now grudgingly admits the sky hasn’t fallen. Last month the state collected enough marijuana sales taxes to build a new school. In one month. Meanwhile, black market dealers are getting priced out of business. America, are you watching?

  98. So my question is how will this work and be implemented? I am a red card holder and I have read the law and it is simple yet confusing to me. I asked my probation officer and she doesn’t even know, She said I was the first one to call on Monday morning. Does anyone know how this will work?

  99. Finaly, it uses to be you had to get a scrpit for Marinol as to not get busted for smoking medical cannabis. Lets hope the P.D. and the sports teams come along with same thought process.

Leave A Reply