That's actually the precise issue that I am addressing.
I guess I should include a 'as of 5/10/2015' note. I think I am old at 35ish, but I don't think those who are 'in the system' should be allowed to consume cannabis on a medical or recreational basis. I think there would be too many 'what if' arguments from the nay-sayers, and the slippery slopers and everyone else who hates the evil devil weed. I also think that in a situation where guilt is found or a plea agreement reached, that should have an effect and penalize those who would use the medical excuse to use. I don't see how that can be enforced, so I don't see how it would even come to the table.
Respectfully, I disagree, and the issue I am trying to bring to light is the fact that you are not allowed to break the law while on parole or probation. Under no circumstances would you be allowed to consume a substance that is listed as a controlled substance, federal or otherwise, and obviously pot in particular. In Colorado, there is no prescription, so there is no medical protections for patients. The two issues I have seen and heard from marijuana consumers under supervision is that a PO does not have the authority to tell a patient what prescriptions can and can not be taken. That is not an issue because your red card is not a prescription, which would have to be approved by the FDA, and that won't ever happen. The other issue is the one you state, that being under state supervision in Colorado and having a marijuana recommendation should NOT be cause to violate someone's probation or parole. Just to be clear, this is your view, correct? Please let me know if I am getting any details wrong. I think we should keep this as a pot issue, not a prescription narcotic issue because I believe those are two situations handled differently.
Assuming that we are on the same page so far, whenever anyone is approved or ordered probation or parole, is not allowed to break the law. The defendant must remain law-abiding. Here is the question that I am seeking an answer on, or clarification:
Assuming that the consumption of cannabis is illegal at the federal level, a parolee or probationer would not be allowed to consume marijuana on a medical basis, and would be in violation of their probation or parole.
I want to note that I agree with you, that the state cops don't have the authority to enforce federal law. However, if a defendant has a UA that shows positive for marijuana, I do not think the person supervising or the judge cares about enforcing any law that may or may not have been broken. The way I interpret it, is that the state is not trying to enforce anything, no one is bringing additional charges, etc. I come back to the question of compliance. Every month or meeting with a probation or parole officer, defendants or those in the system must attest that they are not knowingly breaking any laws. The simple existence of a dirty UA constitutes, in my opinion, a violation of every parole or probation order that I have seen. We can agree to disagree, but that's my interpretation. I wish it weren't so complex, but I do not see any way around the 'recommendation vs Rx' argument or attesting that you are not breaking any state or federal laws. I believe that a Colorado State Probation Officer can rightfully violate a defendant's parole or probation for a hot UA, regardless of state law. Again, I don't think state enforcement of federal law is in question, the issue lies in the fine print for each county's probation or parole departments. I can only relate my own experience and I have never met anyone who, after 1/1/14, was explicitly given permission to use marijuana.
Although my opinion doesn't jive with many others here, these problems, whether or not they are ignored by the Colorado Consuming Public, are not going away.
Apologies for the novel.
