I am sure many of you are wondering how can somebody be charged with felony assault by giving somebody some pot brownies? In Colorado this may become common place with the recent change in law regarding the use and possession of marijuana. There is a provision of second degree assault that says “For a purpose other than lawful medical or therapeutic treatment, he intentionally causes stupor, unconsciousness, or other physical or mental impairment or injury to another person by administering to him, without his consent,
a drug, substance, or preparation capable of production the intended harm” Colorado Revised Statute § 18-2-203(1)(e). The facts of giving pot brownies to somebody who does not expect to be eating pot brownies my be funny but unfortunately, there are serious potential criminal consequences.
The section of second degree assault that covers pot brownies also covers putting something in somebody’s drink. The recent case in Boulder where the students allegedly brought pot brownies to a “pot” luck in class is a classic law school examination question. The students didn’t intend to cause a stupor or physical impairment. They intended to be funny. But to be funny they intended the people to feel different which is enough of the mental element of second degree assault. For those with trying to be funny, pot brownies and lead to serious legal consequences.