On November 6, 2012, Colorado Amendment 64 was passed by Colorado voters. The amendment went into effect on December 10, 2012. This amendment changes state law to allow possession of certain small amounts of marijuana for Colorado State residents who are 21 years of age or older. However, under federal law, the use, possession, distribution and sale or marijuana remains a criminal behavior.
In February 2012, the Colorado Court of Appeals ruled that the statutorily mandated condition 1 of probation, “You shall not violate any local, state, or federal laws” includes violations of federal law, and possession of marijuana is still a federal offense; therefore, the Court ruled, judges cannot allow probation clients who have obtained their medical marijuana card, in any state, to use or possess marijuana while they are under the supervision of probation in Colorado.
Probationers are prohibited from using or possessing marijuana whether for medicinal or recreational use.