NOTE: The governor signed this measure on 5/8/2015.
      
      
      HOUSE BILL 15-1267
      
      
      BY REPRESENTATIVE(S) Salazar, Saine, Duran, Esgar, Garnett, Ginal,
      Kagan, Lee, McCann, Melton, Mitsch Bush, Moreno, Rosenthal, Singer,
      Vigil, Williams, Winter, Kraft-Tharp, Lebsock, Ryden, Tyler, Young,
      Hullinghorst;
      also SENATOR(S) Guzman, Aguilar, Baumgardner, Grantham, Kerr,
      Martinez Humenik, Steadman, Todd.
      
      
      Concerning conditions of probation relating to medical
           marijuana.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 18-1.3-204, amend (1)
      and (2) (a) (VIII) as follows:
      
           18-1.3-204.  Conditions of probation - interstate compact
      probation transfer cash fund - creation. (1) (a)  The conditions of
      probation shall be such as the court in its discretion deems reasonably
      necessary to ensure that the defendant will lead a law-abiding life and to
      assist the defendant in doing so. The court shall provide as explicit
      conditions of every sentence to probation that the defendant not commit
      another offense during the period for which the sentence remains subject
      to revocation, that the defendant make restitution pursuant to part 6 of this
      article and article 18.5 of title 16, C.R.S., that the defendant comply with
      any court orders regarding substance abuse testing and treatment issued
      pursuant to sections 18-1.3-209 and 18-1.3-211 and article 11.5 of title 16,
      C.R.S., and that the defendant comply with any court orders regarding the
      treatment of sex offenders issued pursuant to article 11.7 of title 16, C.R.S.
      The court shall provide as an explicit condition of every sentence to
      probation that the defendant not harass, molest, intimidate, retaliate against,
      or tamper with the victim of or any prosecution witnesses to the crime,
      unless the court makes written findings that such condition is not necessary.
      
           (b)  Notwithstanding the provisions of paragraph (a) of this
      subsection (1), unless the defendant is sentenced to probation for
      a conviction of a crime under article 43.3 of title 12, C.R.S., the
      possession or use of medical marijuana, as authorized pursuant to
      section 14 of article XVIII of the state constitution, shall not be
      considered another offense such that its use constitutes a
      violation of the terms of probation.
      
           (2) (a)  When granting probation, the court may, as a condition of
      probation, require that the defendant:
      
           (VIII)  Refrain from excessive use of alcohol or any unlawful use of
      controlled substances, as defined in section 18-18-102 (5), or of any other
      dangerous or abusable drug without a prescription; except that, the
      court shall not, as a condition of probation, prohibit the
      possession or use of medical marijuana, as authorized pursuant to
      section 14 of article XVIII of the state constitution, unless:
      
           (A)  The defendant is sentenced to probation for conviction
      of a crime under article 43.3 of title 12, C.R.S.; or
      
           (B)  The court determines, based on the assessment as
      required by section 18-1.3-209, a prohibition against the possession
      or use of medical marijuana is necessary and appropriate to
      accomplish the goals of sentencing as stated in 18-1-102.5.
      
           SECTION 2.  Applicability. This act applies to persons on
      probation on or after the effective date of this act.
      
           SECTION 3.  Safety clause. The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ________________________________________________________
      Dickey Lee Hullinghorst                Bill L. Cadman
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO