By Hannah Garcia, Law Week Colorado

Although a state constitutional amendment allows Coloradans to legally light up and buy marijuana from retail shops, judges in the state are still barred from using the decriminalized drug.

The Colorado Judicial Ethics Advisory Board issued Opinion 2014-01 on July 31, advising Colorado judges that use of recreational or medicinal marijuana violates Rule 1.1 of the Code of Judicial Conduct because it is still illegal under federal law. The opinion came after a judge submitted a request regarding if Colorado judges can use marijuana privately and consistently with the state’s constitution.

“Rule 1.1 requires judges to comply with the law,” the opinion read. “Although neither the rule nor the terminology section specifies that Rule 1.1 requires compliance with federal as well as state law, it is beyond dispute that judges are required to comply with federal law.”

At the heart of the issue is the idea of “minor” violations, like a parking ticket or letting a dog run off leash. Because drug-related offenses are not listed as exceptions in the Code of Judicial Conduct, the advisory board decided that a judge’s marijuana use is not a “minor” violation of the law. The idea of “minor” violations of law being exempt from ethics discipline, as provided in Rule 1.1(b), is something unique to Colorado.