People v. Watkins
2012 COA 15
Colo. Ct. App.2012Background
- Defendant Leonard Watkins pled guilty to a class 3 felony under a plea agreement and received six years of probation.
- Probation conditions required generally obedience to laws, no narcotics without a prescription, discretionary drug/alcohol evaluation, and no mind-altering substances without a prescription; marijuana for medical use was not expressly addressed.
- Five months after sentencing, Watkins obtained a state medical marijuana registry certification; the court issued a written order approving use without a hearing.
- The probation officer filed a Special Report and Order and the court approved the order; the People learned of this eight months later and moved to reconsider.
- The People argued the approval violated the mandatory probation condition not to commit another offense, which could include federal offenses, and sought to reverse the order on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the probation mandate prohibit federal offenses as well as state offenses? | People contend federal marijuana offenses fall within 18-1.3-204(1). | Watkins argues the Amendment and state law allow medical use and do not make the offense federally enforceable against probation. | Yes; the probation condition extends to federal offenses. |
| Does the Medical Use of Marijuana Amendment exempt probationers from federal drug statutes? | People contend Amendment cannot excuse violation of mandatory probation terms. | Watkins contends Amendment should shield medical use from state enforcement while on probation. | No; Amendment does not permit probation to violate the mandatory probation condition. |
Key Cases Cited
- People v. Slayton, 878 P.2d 106 (Colo.App.1994) (definition of 'offense' under probation context extended beyond municipal codes)
- People v. Brockelman, 933 P.2d 1315 (Colo.1997) (probation terms within statutory authority may be challenged)
- People v. Harper, 111 P.3d 482 (Colo.App.2004) (probation revocation is administrative; rights may be curtailed)
- Beinor v. Indus. Claim Appeals Office, 262 P.3d 970 (Colo.App.2011) (physician certification not a 'written prescription' under probation conditions)
- Tilehkooh, 113 Cal.App.4th 1433 (Cal.App.4th 2003) (California cases on medical marijuana and probation; not controlling but persuasive)
- State v. Nelson, 195 P.3d 826 (Mont.2008) (state medical marijuana statute supremacy in probation context)
- People v. Guatney, 214 P.3d 1049 (Colo.2009) (supreme court discussion on appealability of probation decisions)
- Lewis v. People, 214 P.3d 1059 (Colo.2009) (related to probation decisions on medical marijuana)
- White, 179 P.3d 58 (Colo.App.2007) (People may challenge allegedly illegal sentences)