Legal Marijuana Advocates Blast Decision Barring Coloradans On Probation From Using MMJ
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Legal Marijuana Advocates Blast Decision Barring Coloradans On Probation From Using MMJ

When the Colorado Court of Appeals ruled last week in People v. Watkins that Coloradans on probation do not have the right to use or possess medical marijuana, it shined a bright spotlight on the elephant in the room: when it comes to medical marijuana, legal doesn’t always mean legal.

The case issue is tied to the Supremacy Clause of the Constitution, which essentially says that federal law trumps state law. When Colorado and more than a dozen other states legalized medical marijuana, they also invited the federal government to intervene. Sometimes it does so directly, by sending cease and desist letters to medical marijuana businesses that it judges are too close to schools, and sometimes it does so indirectly when state or local judges rely on federal law in ruling on drug cases, as just happened.
 

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