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Supervisors getting used to the rule
By Peter Marcus
“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.”
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.”
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