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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
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Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have two questions involving alcohol and drugs. 1) Can someone

Customer Question

I have two questions involving alcohol and drugs. 1) Can someone currently on probation in Colorado for an alcohol related DUI be prohibited by the court/probation officer from using legally prescribed medical marijuana for the duration of the probation period? The physcian prescribed the medical marijuana for an unrelated condition months after the sentencing for the DUI offense. In this case, all random BA's for alcohol have been negative. Additionally, random UA's using the ETG test have been negative for alcohol. However, the most recent random UA was also tested for THC without prior knowledge of the individual on probation, and of course it was positive for only THC. 2) In this case, is testing for substances other than alcohol legal without telling the person on probation in advance what other substances will be tested?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 years ago.
Jacustomer,

Yes. Probation can require that a probationer refrain from using controlled substances during the course of his probation period, even when the drugs are lawfully prescribed. A probationer would be told to find alternative medications that could give them relief without getting in the way of probation determining whether the probationer is being law abiding. Probation cannot determine whether a controlled substance in a person's system was taken lawfully or not. Just because you have a prescription for a drug doesn't mean you aren't capable of abusing it in an illegal manner.

The terms of your probation tell you to avoid all illegal activity. Probation has the right to do random tests to make sure that a probationer is in compliance. It's just as much of a crime to drive under the influence of drugs as under the influence of alchol and probation can ascertain that a person with a substance abuse problem of one kind doesn't just trade that in for another.

It works the other way around too. If you were on probation for a drug offense, you would not be able to test positive for alcohol, even though you were 21 or older and alcohol isn't even illegal for you.

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