A common reason for a person to be facing a probation revocation in Fort Collins and Larimer County is for hot UAs and BAs. In case you don’t know, a UA is a urine analysis test and a BA is a breathalyzer test. These tests are used to determine if a person has, or did have, drugs or alcohol in their system. Pretty much across the board, a condition of probation is no alcohol or drug use. To make sure that a person is complying with these conditions, the probationer will have to take random UAs and/or BAs. Medical marijuana use has previously been a blurred line when it comes to probation, but the Colorado Supreme Court recently made a ruling that could make things a little clearer, and work in the favor of those who use medical marijuana.
Colorado Supreme Court Ruling Regarding Probation and Medical Marijuana in Fort Collins
Now, the Colorado Supreme Court didn’t just rule that anyone on probation in Fort Collins, Loveland or Estes Park can use medical marijuana no matter what. They stated that probationers should be able to use medical marijuana unless the prosecutor can prove to the court that marijuana use would be counterproductive to the goals of probation. Their ruling stemmed from an appeal filed on a DUI case, where a woman was told that she could not use medical marijuana while on probation, even though she presented a valid medical marijuana card and documentation regarding why she used it. The judge ruled that because she did not present expert testimony regarding her medical need to use it, they would not allow it. The case was escalated to the Colorado Supreme Court and they unanimously ruled that the presumption is a person CAN use medical marijuana unless an exception applies. Which means, the burden does not fall on you to prove that you should be able to use it. It falls on the DA to argue why you shouldn’t.
How Larimer County DAs Are Addressing the Medical Marijuana on Probation Issue
Let’s say you pleaded guilty to misdemeanor Theft and were sentenced to 12 months of supervised probation. The underlying facts related to your crime had nothing to do with drugs, alcohol, or any other substance use issue. You also have a valid medical marijuana card. In theory, you should be allowed to use marijuana while on probation. However, in Larimer County, the District Attorney’s office is writing the no marijuana use (medical or otherwise) into their plea agreements. This means in order to get the benefit of the plea agreement, you have to agree to not use marijuana at all. I guess that’s one way to guarantee you can get what you want.
If you or someone you love is facing a probation revocation in Larimer County, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule your free consultation. Together, we can protect your future.
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