Colorado Court Says No Medical Pot for People on Probation

[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/

[Liberal Veteran]

1. What if you are on probation for possession of medical marijuana?

[saras]

2. Stupid logic leads to stupid results

"any narcotic, dangerous or abusable substance without a prescription."

Marijuana is not a narcotic.
Marijuana is not dangerous.
Every substance and activity is abusable, pretty much equally. Biochemical addiction is another matter, and only applies to specific drugs. Addiction as a METAPHOR is a stupid, unworkable metaphor for people wanting different things than you think they ought to want.

[Nuclear Unicorn]

3. Can a subsequent law allow specifically for the issuing of a prescription?

I don't see the harm in that. Sometimes our legalisms get so frustrating.

[Vincardog]

5. MDs can not prescribe pot because it is a schedule 1 substance.

As such it has NO recognized medical uses.
Obama could change that tomorrow with the stroke of a pen.
I bet as soon as big Pharm. is ready to sell it the medical uses will become recognized.

[Nuclear Unicorn]

6. "I bet as soon as big Pharm. is ready to sell it the medical uses will become recognized."

Pfft! How long will THAT take? It's not like the stuff grows on trees, ya know!

[Vincardog]

7. Google Satilvex and/or Marinol

[Nuclear Unicorn]

8. Roll with the joke, brother. Just roll with it.

[Life Long Dem]

4. The title should read...

"Colorado judges play doctor with medical marijuana cards"

http://www.9news.com/news/story.aspx?storyid=132165&catid=339