At Tiftickjian Law Firm, P.C., we frequently receive questions from individuals facing DUI charges in Colorado who also hold valid medical marijuana (MMJ) cards. One of the most common concerns is whether they may lawfully use MMJ while serving a term of probation.
This article outlines Colorado’s current laws and legal standards regarding medical marijuana use for individuals on probation following a DUI conviction. If you’re seeking tailored legal advice regarding your eligibility to use MMJ while on probation, don’t hesitate to get in touch with us to schedule a paid consultation.
Do You Offer Free Consultations on Medical Marijuana and Probation?
Due to the high volume of inquiries, we do not provide free consultations on this issue for non-clients. We offer legal advice on MMJ and probation matters only to clients we represent or through a one-time paid consultation. This includes those on probation following a DUI arrest or conviction.
If you’re facing DUI charges in Colorado and need help navigating medical marijuana restrictions during probation, please schedule a consultation.
Overview of Medical Marijuana Use on Probation in Colorado
House Bill 15-1267: A Critical Shift in Probation Law
House Bill 15-1267 (HB 15-1267) became effective on May 8, 2015, and addressed a longstanding conflict between Colorado’s MMJ constitutional protections and probationary restrictions. The bill specifically allows individuals with valid Medical Marijuana Registry Cards to continue using MMJ while on probation—unless a statutory exception applies.
The statute states:
“The possession or use of medical marijuana as authorized pursuant to… the State Constitution, shall not be considered another offense such that it constitutes a violation of the terms of probation.”
This legal presumption is especially relevant for Colorado DUI probationers seeking medical treatment under Amendment 20.
Why Was HB 15-1267 Necessary?
Before HB 15-1267, the Colorado Court of Appeals ruled in People v. Watkins, 2012 COA 15, 275 P.3d 1244 that courts could restrict MMJ use for individuals on probation—even those with valid MMJ cards.
The ruling led to inconsistent enforcement, especially for defendants serving probation for DUI and other drug-related offenses. The court held that Colorado’s medical marijuana law did not create an “unlimited right” to use MMJ in any circumstance, including during a criminal sentence.
HB 15-1267 overturned Watkins by affirming that probationers with valid registry cards are not automatically in violation for MMJ use. However, exceptions still allow courts to restrict marijuana use under limited conditions.
Does HB 15-1267 Apply to Recreational Marijuana?
No. The statute applies only to medical marijuana. Individuals on probation for recreational marijuana DUI or unrelated offenses are not protected under HB 15-1267 unless they have a valid MMJ card.
Recreational use of marijuana remains a probation violation unless explicitly authorized by the sentencing court, regardless of broader legalization under Amendment 64.
Colorado Supreme Court Clarifies the Law: Walton v. People (2019)
In the landmark decision Walton v. People, 2019 CO 91, the Colorado Supreme Court clarified how HB 15-1267 must be applied by sentencing courts. The defendant in Walton pleaded guilty to driving under the influence and the county court sentenced her to twelve months of unsupervised probation. Because the defendant did not provide a medical professional to testify regarding her authorization to use medical marijuana, the court prohibited Walton from using medical marijuana on probation. The appellate court reversed this decision and held that:
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A presumption exists in favor of MMJ use during probation.
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The prosecution, not the defense, must demonstrate that MMJ use undermines sentencing goals.
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Courts must make specific findings explaining why MMJ use should be restricted for a particular individual.
This decision gives individuals on probation for DUI in Colorado a significant legal foothold—provided they can demonstrate valid medical need and lawful use.
Exceptions That May Bar MMJ Use on Probation
Despite the general presumption favoring MMJ use, there are two key exceptions under HB 15-1267.
1. Convictions Under the Medical Marijuana Code
Probationers convicted of a crime under the Colorado Medical Marijuana Code (C.R.S. § 12-43.3-101 et seq.) are not entitled to use MMJ during probation.
Common disqualifying offenses include:
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Using MMJ inside a licensed dispensary,
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Transferring your registry card to another person,
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Buying or selling MMJ illegally.
Such offenses disqualify probationers from claiming protection under HB 15-1267, even if their underlying sentence is related to a DUI conviction.
2. Court Determination Based on Sentencing Goals
Courts can still prohibit MMJ use if they find that doing so is:
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“Necessary and appropriate to accomplish the goals of sentencing,” and
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Supported by an individualized assessment of the defendant.
This often applies in Colorado DUI probation cases, especially when the underlying offense involved drug impairment, substance abuse, or failed drug tests. Courts routinely deny MMJ use if they believe marijuana consumption may hinder rehabilitation or sobriety compliance.
Practical Considerations for DUI Defendants on Probation
Although HB 15-1267 and Walton offer strong legal protections, Colorado judges retain discretion in DUI and drug cases. In practice, many courts continue to deny MMJ use when:
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The defendant has a history of substance abuse,
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Marijuana was a contributing factor in the DUI,
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The court mandates sobriety monitoring or treatment.
These restrictions are more common in cases involving repeat DUI offenders, felony DUI charges, or court-ordered rehabilitation.
Recommendations for Individuals on DUI Probation in Colorado
If you’re on probation for DUI in Colorado and use MMJ for a qualifying medical condition, consider the following:
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Retain documentation of your Medical Marijuana Registry Card.
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Obtain a doctor’s recommendation linking MMJ to a specific condition.
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Work with a DUI attorney experienced in marijuana law and probation conditions.
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Be prepared for the court to require evidence that MMJ use will not interfere with your sentence.
At Tiftickjian Law Firm, we understand the intersection of Colorado DUI defense and medical marijuana law. We help clients build persuasive arguments to retain access to MMJ during probation—when permitted by law.