The United States Law Week

DUI Probationers Can Use Medical Marijuana in Colorado

Nov. 19, 2019, 1:43 PM

Colorado defendants on probation for driving under the influence can use medical marijuana unless the state presents evidence a particular defendant shouldn’t use the substance while serving her sentence, the Colorado Supreme Court said Nov. 18.

Although the trial court concluded it wouldn’t be appropriate for people in DUI classes to be high, Alysha Walton had a valid medical marijuana card and should have been allowed to use the substance while on probation, the opinion by Justice William W. Hood said.

Walton pleaded guilty to DUI and was sentenced to one year probation. But because a medical expert didn’t testify...

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