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The Colorado Supreme Court let stand a lower appeals court decision rejecting the consumpton of medical marijuana as a constitutional right.
When a Supreme Court exercises their jurisdictional discretion to refuse to disturb a lwoer court’s decision – that becomes the law of Colorado… unless the United States Supreme Court agrees to decide the case under the United States Constitution.
The Colorado Court of Appeals decided in 2011 that medical-marijuana patients have no right to use cannabis. Instead, the Court of Appeals concluded, the constitution only protects legal patients from criminal punishment for their marijuana use.
This case will have devastating effect on the Colorado Medical Marijauana Movement. It means that all laws and regulations concerning medical marijuana are subject to modification by the Colorado State Legislature as the legislature sees fit.
No Right To Smoke Medical Marijuana When On Probation
In my opinion – of even greater significance – was the Court’s decision in a companion case- that Colorado State Probation Departments can REFUSE otherwise legitamate users of medical marijuana the right to use the drug IF they are oprobation.
Many of my clients are in desperate need of medical Marijuana for a varity of very serious health issues. While Judges can order the county probation department to permit the use of the drug, the Supreme Court’s decision ends challenges to the Judge’s discretion in this area. h