Marijuana may be legal in Colorado, but 127 people are still in the state's prisons for marijuana offenses, according to the Colorado Department of Corrections.
Colorado Department of Corrections spokesman Adrienne Jacobson says: "127 offenders in the Colorado Department of Corrections are serving a sentence for a marijuana conviction.
"Marijuana violations have traditionally been misdemeanor offenses so the majority of those never came to CDOC in the first place and, obviously, won't now. The 127 is made up of 63 offenders newly committed on a marijuana offense and 44 that were returned to custody on a marijuana technical parole violation."
"It is important to note that marijuana felony offenses will continue to be felony offenses because these are generally related to massive illegal cultivation and massive amounts with intent to distribute; i.e. not the amounts you would expect to find for medical use and/or recreational use."
"Yes testing positive for marijuana is still considered to be a violation of parole conditions because it is a standard condition of parole to remain drug and alcohol free. However, not all parole violations result in a revocation of parole. Revocation is based on the totality of circumstances of the parolee's behavior and compliance while on parole. New crimes obviously would warrant revocation but one hot UA (urine analysis) likely wouldn't."
Colorado has about 22,000 in state prisons.
The Clemency Report has put the same question to the Washington state Department of Corrections and will publish the response when it arrives.
Update: CDOC's Adrienne Jacobson says these figure are from June 30, 2012, before legalization took effect. The 2013 numbers are being verified and should be available shortly. Jacobson says the current numbers shouldn't vary greatly from the most recent figures because the offense generating prison time differ from the legalization approved by voters.
The Colorado Court of Appeals ruled that a drug offender can be sent to prison for a urine test that showed THC, notwithstanding the drug's legality, in this case medical marijuana, because refraining from marijuana was part of a deferred prosecution agreement. The same court ruled this March that previous marijuana offenders could have their possession convictions reversed based on the new law.