Legal Commentary

Boulder Sets Guidelines for Medical Marijuana Users on Probation

By Jeralyn

A condition of probation is that the offender not commit any violations of state or federal law. So what happens when a person is put on probation and they are a state licensed medical marijuana user?

Boulder, Colorado has created new guidelines for probationers, allowing them to continue using the drug. The guidelines treat medical marijuana like any other prescribed drug.

Medical-marijuana cardholders who are sentenced to probation will be allowed to continue using the drug medicinally while serving their sentence as long as they meet several conditions and allow a probation officer to view their medical records, according to the new guidelines.

More....

...People on probation who have certificates to be medical-marijuana caregivers can grow and dispense marijuana only for themselves or family members with valid Colorado medical-marijuana certificates, according to the guidelines. Caregivers on probation -- who also must allow probation officers to view their medical records if they want to continue using and growing -- can't receive any payment for marijuana during their sentence.

There are some exceptions for probationers in specialized treatment programs. And it's their duty to supply the probation department with the appropriate records.

In Jefferson County, which is near Boulder and Denver, the courts have a blanket policy of disallowing medical marijuana use while on probation.

Scott Storey, district attorney for Jefferson and Gilpin counties, said probation is a privilege -- not a right -- because it suspends potentially harsher sentences in jail or prison.

"It keeps them out of incarceration and gives them resources that will be good for them," Storey said. "If using medical marijuana is a priority, then don't commit a crime and it won't be an issue."

Seems to me, Boulder is the county being smart about crime, while Jeffco is just being tough on crime. In the long run, Boulder's policy is far wiser.

What is the position of legislators?

State Sen. Chris Romer, D-Denver, has drafted legislation that would allow probationers to use marijuana only if a judge works with a doctor to determine if the drug is really medically necessary. That is close to what Boulder County is doing with its probation guidelines, he said.

"We want someone to have a moment to double check that they are legitimate patients," Romer said. "It's important that it be treated medicinally."

Another option, if the DA's office will agree, particularly in misdemeanor cases when a deferred judgment is not being offered, is to plead guilty with a stipulated fine as the sentence rather than probation. For those that don't mind having a misdemeanor on their record, it's a lot less problematic than probation.

Full post as published by TalkLeft on February 24, 2010 (boomark / email).