Prescription Medication and Medical Marijuana
Policy Statement: Certain prescription medications are well known to be habit forming and
have a high potential for abuse. For this reason, the use, by defendants on probation or pretrial
supervision, of prescription medications which are classified as controlled substances is closely
monitored and is subject to verification of medical need by the Probation/Pretrial Services
Department and the Court. This policy is intended to facilitate the effective substance abuse
treatment of defendants while allowing for appropriate medical treatment for a legitimate
medical need. The Court’s policy regarding the use of a controlled substance as prescribed or
authorized by a licensed physician shall in no way be construed to limit or absolve a defendant’s
potential criminal liability under the laws of the United States or any other State for his/her use
or possession or obtaining of a controlled substance. However, the Court will not sanction a
Defendant for the use of a controlled substance which has been prescribed or authorized by a
licensed physician so long as the Defendant is in strict compliance with the guidelines and
procedures set forth herein. For purposes of this policy “controlled substances” expressly
include but is not limited to marijuana and marijuana concentrate and its derivatives, all opiates,
barbiturates, benzodiazepines, and amphetamines.
Defendants placed on probation or pretrial supervision in the Second Judicial District
seeking to ingest controlled substances, must comply with the following guidelines.
Policy Guidelines:
1. All defendants sentenced to a term of probation or who are under pretrial supervision will
be ordered to comply with the standard terms and conditions of probation/bond, which
provides for the following as it pertains to substance abuse; you shall not use alcohol or use
unlawfully any controlled substance or other dangerous or abusable drug or substance.
This includes marijuana and marijuana concentrate.
2. Short Term Use Guidelines – If at any time while on probation or pretrial supervision a
defendant obtains a prescription for a controlled substance for 30 days or less, the
defendant will be required to provide the probation officer and the Court proof of said
prescription at the next office visit and court appearance. The consumption of such
controlled substance will be monitored accordingly by the probation officer for the
duration of the prescription/condition. Should the duration of this prescription/condition
continue to exist beyond 30 days, then it will be monitored according to the long term use
policy outlined below.
3. Long Term Use Guidelines – If at any time while on probation or pretrial supervision a
defendant obtains a prescription for a controlled substance or an authorization for medical
marijuana for a period of more than 30 days, whether continuously or at intervals, then the
defendant will be required to submit documentation of said prescription/authorization to
both the probation/pretrial services officer and to the Court for review and consideration.
All Defendants seeking to use any controlled substance on an ongoing basis lasting more
than 30 days, whether continuously or at intervals, will be required to comply with the following
requirements:
A. Third party risk disclosure must promptly be made to the prescribing/authorizing
physician. The defendant shall advise the physician of his/her status as a defendant
and that the defendant has a history of abuse of or dependence on controlled
substances. The defendant will be required to submit written verification that said
disclosure has been made. Disclosure shall be made automatically by the defendant
at the time the prescription or authorization is written by the physician.
B. The defendant shall sign a Release of Information allowing for the free flow of
information regarding the defendant’s medical condition and case status between
the probation department, the prescribing/authorizing physician or physicians
should there be more than one, and the Court.
C. The defendant shall be required to obtain and disclose all relevant information
documenting his/her medical need for the controlled substance. Such
documentation shall include a written statement from the prescribing/authorizing
physician documenting the existence of a bona fide physician-patient relationship,
the diagnosis which necessitates the use of a controlled substance – including the
chronic or debilitating nature of the disease or condition, the prognosis for how
long such treatment is anticipated to be necessary, attempted alternative
treatments which have been tried and deemed ineffective and/or insufficient, and
the appropriate dosage and method of ingestion of the controlled substance . Other
types of supporting documentation required to substantiate the defendant’s
medical need for a controlled substance may include, but shall not be limited to,
medical records and reports, physician notes, treatment plans, and prescription
records. Merely providing proof of the “Physician Certification” or “Physician
Statement” required by the State Medical Marijuana Registry shall be insufficient
to satisfy this requirement.
D. The defendant shall be required to abstain from use until the Court has reviewed
the provided documentation and determined that sufficient evidence has been
provided to allow for an exception to the Court’s policy prohibiting the of use of
controlled substances in that defendant’s individual case. In the case of medical
marijuana, the evidence must document a “debilitating medical condition” as
defined in Article XVIII Section 14 of the Colorado Constitution.
E. For defendants taking prescribed controlled substances or authorized medical
marijuana, at the time of their plea, there will be a two (2) week grace period in
which to provide the required medical documentation, on or before the date of
Orientation. If the required medical documentation is not provided, then pursuant
to the plea agreement and the terms and conditions of probation, the defendant
shall be prohibited from consuming controlled substances and shall be subject to
sanctions imposed by the Court for failure to comply.
F. In all cases where the defendant is granted an exception to the general prohibition
on the use of controlled substance, the defendant shall be required to provide the
Court with supplemental statements from the prescribing/authorizing physician
documenting the ongoing need for the controlled substance and any changes to the
defendant’s prognosis or treatment plan every 90-180 days as deemed appropriate
by the Court.
G. In no event shall any defendant be allowed to serve as a care giver or work in the
medical marijuana dispensary business.
H. If, in the determination of the probation officer and/or the Court, a defendant’s use
of a controlled substance is or becomes abusive or contributes to continued
criminality or a pattern of probation non-compliance, the Court may require the
defendant to terminate his/her use of the controlled substance UNLESS an
independent medical evaluation performed by a board certified addiction
psychiatrist and paid for at the defendant’s expense, determines that the defendant
continues to have a legitimate medical need for the controlled substance and that
no alternative method of treatment is medically appropriate.