Pubdate: Tue, 07 Feb 2012
Source: Denver Post (CO)
Copyright: 2012 The Denver Post Corp
Contact:  http://www.denverpost.com/
Details: http://www.mapinc.org/media/122
Author: Felisa Cardona

COURT OF APPEALS NIXES MEDICAL POT USE WHILE ON PROBATION

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.
- ---
MAP posted-by: Keith Brilhart