Colorado Court Says No Medical Pot for People on Probation [View all]

[marmar]

from AlterNet:



Colorado Court Says No Medical Pot for People on Probation


The Colorado Court of Appeals has ruled that people on probation do not have the right to use marijuana medically.

The decision is a reaction to the controversy surrounding Leonard Charles Watkins, who was reportedly on probation following a 2005 conviction for sexually assaulting on a child. A judge gave Watkins permission to use medical marijuana, but the 18th Judicial District Attorney Carol Chambers challenged the ruling.

In the second decision, judges ruled against Watkins' argument that Colorado's Amendment 20, "is paramount and necessarily prevails" over conditions of probation that forbid "any narcotic, dangerous or abusable substance without a prescription."

The court said:

The Amendment provides that it shall be an exception from the state's criminal laws for any patient in lawful possession of a "registry identification card" to use marijuana for medical purposes.... Under the Amendment, however, a physician does not prescribe marijuana, but may only provide "written documentation" stating that the patient has a debilitating medical condition and might benefit from the medical use of marijuana... Therefore, defendant's physician's certification does not constitute a "written lawful prescription" as required by the terms of his probation.

Judges also referenced the case of Jason Beinor, a medical marijuana patient who lost his street sweeping job after failing a random drug test. The Colorado Court of Appeals decided Beinor did not deserve unemployment benefits because he tested positive for a 'controlled substance,' which the Colorado Constitution says does not provide the grounds to collect unemployment. ...........(more)

The complete piece is at: http://www.alternet.org/newsandviews/article/776830/colorado_court_says_no_medical_pot_for_people_on_probation/