Legal Question in Criminal Law in Colorado

Marijuana

Hi,I just typed in a question and gave you my wrong email. here it is again, sorry......

If a person who is on house arrest after prison for a federal crime (cultivation of marijuana with the intent to distribute) allowed to have drugs for personal use in the house or friends using drugs in the house? if the police were called, what would happen? would such person be arrested? could the police enter if they knew where to look for the stash?doe's it matter if it is a lot or a small amount. what would happen to a renter in the house?


Asked on 2/21/01, 9:25 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Marijuana

1. Supervised release following federal incarceration is a form of probation, and requires that the person in that status remain drug-free. The presence of an illegal substance in a UA is grounds for revocation and re-incarceration.

2. The only drugs in the home of such a person should be by prescription in that person's name.

3. US Probation officers may enter without a warrant and seize contraband; a renter is on his/her own, but all within the house could be charged with possession of any controlled substance found there.

4. Federal prisoners on supervised release should walk most carefully to avoid being returned for violations of that release.

5. Quantity doesn't matter in this context, but the greater the quantity the greater the concern by law enforcement.

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Answered on 4/04/01, 8:39 am


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