DENVER – A new Colorado law that allows people on probation to use medical marijuana has proven difficult to implement.
Since the law took effect May 8, probation departments have reported “growing pains.” The new statute states that for most probation sentences, the possession or use of medical marijuana no longer is a violation.
Rep. Joe Salazar, D-Thornton, who sponsored the legislation that passed the Legislature this year, said he has been receiving reports that despite the new law, some on probation still are being threatened with violations.
“People have been blowing up my phone, both here and at my law office, about the fact that they are card-carrying medical marijuana users, they’re on probation, they started to use their medical marijuana, and probation officers are saying that they are in violation of the law,” said Salazar, a civil-rights attorney.
For its part, the Colorado Division of Probation Services acknowledged that direction has been needed. The division recently issued protocols to judicial districts across the state.
“It might be some growing pains,” said Jon Sarché, spokesman for the Colorado Judicial Branch. “It’s still brand new, and our probation officers out in the field are getting used to it. If any problems do crop up, we will work to rectify them.”
What’s a bit complicated is that the statute allows for a court to prohibit someone on probation from using medical marijuana if it determines that necessary to accomplish sentencing goals in the case.
Probation offices across the state have responded by notifying the courts when someone has been identified as a medical-marijuana patient. That person is allowed to use medical marijuana until the probation office hears otherwise from the courts.
In La Plata County and the entire 6th Judicial District, the issue has yet to come up. Tom Harms, chief probation officer for the district, said his office has not had to refer any medical marijuana users to the courts.
“I’m anticipating that to come, it’s just that we don’t have the volume as a lot of the metro areas do,” Harms said.
“We’re kind of curious ourselves, but I think the state has given us some very good, appropriate guidelines to go off of right now on this whole process,” he said. “It’s a new law, and I think ... there are so many different scenarios and situations where we’re tying to anticipate a lot of those and ask as many questions as we can and try to get everything cleaned up before it even happens.”
For counties in more populated areas of the state, the issue has been tough to grapple with. But chief probation officers appear to be learning as they go.
“There’s definitely been a lot of questions asked pertaining to the new law; we now have information statewide we hope that’s consistent,” said Ellen Walker, chief probation officer for the Fourth Judicial District, including El Paso County.
Salazar highlighted Weld, El Paso, Pueblo and Arapahoe counties. But chief probation officers there say they have new directives and will investigate any reports that come to light.
“I had heard at one time from the state that Weld County was brought up,” said Jerry Green, chief probation officer for the 19th Judicial District, including Weld County. “What I asked is that if we get brought up in the future, that they provide me with the name of the probation officer, that way I can investigate if there is any issue.
“We’re not going to make a decision,” he said. “If a person produces a medical marijuana license, they’re allowed to use it ... unless the court comes back to us ... and states ‘no.’ We’re out of the decision-making, as we should be.”
Salazar is optimistic that probation offices seriously are examining concerns in order to properly implement the law.
“It just rolled out a month ago,” he said. “I understand it’s going to take some time to educate probation officers as to what’s going on.”
