NOTE: The governor signed this measure on 6/10/2016.
      
      
      HOUSE BILL 16-1359
      
      
      BY REPRESENTATIVE(S) Salazar, Ginal, Kagan, Lebsock, Melton,
      Moreno, Ryden, Vigil;
      also SENATOR(S) Guzman, Heath, Merrifield.
      
      
      Concerning the use of medical marijuana while on probation.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 18-1.3-204, amend (2)
      (a) (VIII) as follows:
      
           18-1.3-204.  Conditions of probation - interstate compact
      probation transfer cash fund - creation. (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 any material evidence, that a prohibition against
      the possession or use of medical marijuana is necessary and appropriate to
      accomplish the goals of sentencing as stated in section 18-1-102.5;
      
           SECTION 2.  Act subject to petition - effective date -
      applicability. (1)  This act takes effect at 12:01 a.m. on the day following
      the expiration of the ninety-day period after final adjournment of the
      general assembly (August 10, 2016, if adjournment sine die is on May 11,
      2016); except that, if a referendum petition is filed pursuant to section 1 (3)
      of article V of the state constitution against this act or an item, section, or
      part of this act within such period, then the act, item, section, or part will
      not take effect unless approved by the people at the general election to be
      held in November 2016 and, in such case, will take effect on the date of the
      official declaration of the vote thereon by the governor.
      
           (2)  This act applies to persons on probation on or after the
      applicable effective date of this act.
      
      
      
      
      ________________________________________________________
      Dickey Lee Hullinghorst                Bill L. Cadman
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                            Effie Ameen
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO