February 18, 2012
Colorado Court of Appeals 2-2-12 People v. Watkins
People v. Watkins Probation Conditions – Medical Marijuana – Definition of ‘Offense’
Facts: Mr. Watkins smokes marijuana legally under Colorado’s Medical Marijuana, voter initiated and approved, constitutional amendment. The trial court refused to bar Mr. Watkins from smoking dope with a license while on probation. The prosecution, of course, whined, complained, and appealed the allowance.
Issue: Whether medical marijuana constitutes an offense, and thus, disallowed under a probationary sentence?
Reasoning: The Court of Appeals simply reasoned that medical marijuana is a criminal offense under federal law. Thus, the trial court abused its discretion by allowing continued marijuana use while under a probationary sentence. What this case is really about - DA’s, many judges, and cops know legalization of marijuana reduces their power. Thus, like petulant children, each constantly tries to undermine the amendment passed by the citizens of Colorado. Whether people dig smoking dope or not, everyone should be concerned when courts, DAs, and police attempt to undermine Democracy. The Medical Marijuana Amendment does not infringe on anyone else’s rights, privileges, or well being - unlike the anti-Gay Amendments presented/passed in Colorado and the U.S., unlike any fictionally titled 'Victim's Rights Amendments' that cops and DAs hoodwinked the populace into passing in the late '80's, and unlike a multitude of other amendments passed or bandied about in the U.S. during the last half-century that limit rather than expand the rights of citizens.