Colo Appeals Court: No Medical Marijuana While On Probation
The Court based its decision on federal law which it says outlaws possession and use of marijuana. (Actually, federal law only bans possession, not use of a controlled substance but no one seems to raise creative ways one could use marijuana without actually or constructively possessing it.)[More...]
[21 USC] § 844. Penalty for simple possession
(a) Unlawful acts; penalties. It shall be unlawful for any person knowingly or intentionally to possess a controlled substance unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by this title or title III.
...Any person who violates this subsection may be sentenced to a term of imprisonment of not more than 1 year, and shall be fined a minimum of $ 1,000, or both....
c) "Drug, narcotic, or chemical offense" defined. As used in this section, the term " drug, narcotic, or chemical offense" means any offense which proscribes the possession, distribution, manufacture, cultivation, sale, transfer, or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell or transfer any substance the possession of which is prohibited under this title.
In any event, this decision is just another example of how probation isn't the walk in the park people make it out to be. Maybe some sympathetic judges will agree to a sentence of a fine or time served instead of probation for those with valid state medical marijuana licenses.
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