2019 CO 95. No. 18SC84. Walton v. People. Statutory Interpretation, Plain Language, Probation, Medical Marijuana.
In this opinion, the Supreme Court reviewed a district court’s review of a county court’s interpretation and application of CRS § 18-1.3-204(2)(a)(VIII). The Court held that the statute’s plain language creates a presumption that a defendant who is sentenced to a term of probation may use medical marijuana unless one of the enumerated exceptions applies. The prosecution bears the burden of overcoming the presumption. The relevant exception in this case requires the court to make particularized findings, based on material evidence, that prohibiting defendant’s otherwise-authorized medical marijuana use is necessary and appropriate to promote statutory sentencing goals. Because the county court made no such findings here, the Court disapproved of the district court’s order affirming the county court’s decision.
