Colorado: Medical Marijuana Law Overview and State Fines/Penalties - Archive

[Julie Gardener]

Colorado Medical Marijuana Law Overview​

SUMMARY: Fifty-four percent of voters approved Amendment 20 on November 7, 2000, which amends the state’s constitution to recognize the medical use of marijuana. The law took effect on June 1, 2001. It removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess written documentation from their physician affirming that he or she suffers from a debilitating condition and advising that they "might benefit from the medical use of marijuana." (Patients must possess this documentation prior to an arrest.) Patients diagnosed with the following illnesses are afforded legal protection under this act: cachexia; cancer; chronic pain; chronic nervous system disorders; epilepsy and other disorders characterized by seizures; glaucoma; HIV or AIDS; multiple sclerosis and other disorders characterized by muscle spasticity; and nausea. Other conditions are subject to approval by the Colorado Board of Health. Patients (or their primary caregivers) may legally possess no more than two ounces of usable marijuana, and may cultivate no more than six marijuana plants. The law establishes a confidential state-run patient registry that issues identification cards to qualifying patients. Patients who do not join the registry or possess greater amounts of marijuana than allowed by law may argue the "affirmative defense of medical necessity" if they are arrested on marijuana charges.

The medical use provisions in Colorado do not include reciprocity provisions protecting visitors from other medical use states.

Accepts other states' registry ID cards? No

AMENDMENTS: Yes. House Bill 1284, signed into law on June 7, 2010, establishes state provisions regulating medical cannabis dispensaries. The law requires medical marijuana dispensing facilities to obtain state and local licensing approval and to be in compliance with all local zoning codes. Dispensaries must pay a state licensing fee, shall be located no closer than 1,000 feet from a school or daycare (municipalities have the authority to issue exemptions to this rule), and operators must oversee the cultivation at least 70 percent of the marijuana dispensed at the center. Licensed dispensary owners will be required to undergo criminal background checks by the state.

House Bill 1284 imposes a statewide moratorium on the establishment of new dispensaries, beginning in July 2010. HB 1284 also grants local municipalities the authority to prohibit the establishment of dispensaries in their community. Individual caregivers are legally permitted to provide medical cannabis for up to five patients in localities that have formally banned dispensaries.

AMENDMENTS: Yes. Senate Bill 109, signed into law on June 7, 2010, limits the authority of physicians to recommend cannabis therapy to patients with which the doctor has had a prior counseling relationship.

MEDICAL MARIJUANA STATUTES: C.O. Const. art. XVIII, §14 (2001) (codified as §0-4-287 art. XVIII).

Colo. Rev. Stat. § 18-18-406.3 (2001) (interpreting the provisions of the ballot initiative and constitutional amendment).

Colo. Rev. Stat. § 25-1.5-106 (2003) (originally enacted as § 25-1-107(1)(jj) (2001)) (describing the powers and duties of the Colorado Department of Public Health).

APPROVED CONDITIONS: Cancer, glaucoma, HIV/AIDS positive, cachexia; severe pain; severe nausea; seizures, including those that are characteristic of epilepsy; or persistent muscle spasms, including those that are characteristic of multiple sclerosis. Other conditions are subject to approval by the Colorado Board of Health.

POSSESION/CULTIVATION: A patient or a primary caregiver who has been issued a Medical Marijuana Registry identification card may possess no more than two ounces of a usable form of marijuana and not more than six marijuana plants, with three or fewer being mature, flowering plants that are producing a usable form of marijuana.
Patients who do not join the registry or possess greater amounts of marijuana than allowed by law may argue the "affirmative defense of medical necessity" if they are arrested on marijuana charges.

• 2 oz usable; 6 plants (3 mature, 3 immature)

CAREGIVERS: Yes. Primary caregiver is a person other than the patient or the patient’s physician. The caregiver must be 18 years of age or older. A patient can only have one primary caregiver at a time. A patient who has designated a primary caregiver for himself or herself may not be designated as a primary caregiver for another patient. A primary caregiver may be listed on the medical marijuana registry for no more than 5 patients. Colo. Rev. Stat. §25-1.5-106 (2), (10) (2001).

PATIENT REGISTRATION FEE: $90

• Registration is Voluntary

CONTACT INFORMATION: Application information for the Colorado medical marijuana registry is available online or by writing:

Colorado Department of Public Health and Environment
HSVR-ADM2-A1
4300 Cherry Creek Drive South
Denver, CO 80246-1530
Phone: 303-692-2184

Further information and becoming a patient in Colorado

Source: NORML

 

[Julie Gardener]

Colorado Marijuana Penalties​

Possession

♦ 2 oz or less - petty offense Incarceration none Fine $100

♦ 2 oz or less - failure to appear - misdemeanor Incarceration 6 months Fine $500

♦ Display or use in public - misdemeanor Incarceration 15 days additional Fine none

♦ 2 to 8 oz - misdemeanor Incarceration 6 - 18 months Fine $500 - $5,000 ($600 surcharge)

♦ More than 8 oz - felony Incarceration 1 -3 years Fine $1,000 - $100,000 ($1,125 surcharge)

Subsequent convictions over 2 oz could double penalties.
Medical use permitted with no more than 2 oz, or 6 plants, physician recommendation and state registration.
16 - 48 hours community service required with diverted prison sentence.


Sale or Cultivation

♦ Less than 2 oz (without payment) - petty offense Incarceration none Fine $100

♦ Any amount (with payment) - felony Incarceration 2 - 6 years Fine $2,000 - $500,000 ($1,500 surcharge)

♦Transport more than 100 lbs - felony Incarceration 8 - 24 years Fine $5, 000 - $1,000,000

♦ Transfer to a minor - felony Incarceration 2 - 6 years Fine $2,000 - $500,000

♦ Sale within 1,000 feet of school or public housing - felony Incarceration8 - 24 years Fine $10,000 - $1,000,000


Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)

♦ Paraphernalia possession or sale - petty offense Incarceration none Fine $100

♦ Any felony conviction causes driver's license suspension for 1 year.


Details

Possession of two ounces or less of marijuana is a petty offense. The offender receives a summons to appear in court, and upon a promise to appear in court, the offender is to be released from detention. The maximum penalty for a violation is $100. Failure to appear at the specified time and location results in the increase of the charges to a misdemeanor. Displaying or using the marijuana in public results in the added penalty of up to 15 days in jail. Possession of greater than two ounces is a misdemeanor, punishable by 6-18 months in jail and a fine of $500 - $5,000, plus a $600 surcharge. Possession of greater than 8 ounces of marijuana is a felony, punishable by 1 - 3 years in prison and a fine of $1,000 - $100,000 and a surcharge of $1,125. Generally,
subsequent convictions of possession of over two ounces double the possible penalties.

Transfer of less than two ounces of marijuana for no consideration is considered possession and is punished as such. Any other transfer, sale, manufacture or cultivation is a felony, punishable by 2 – 4 years in prison
and a fine of $2,000 - $500,000 and a $1,500 surcharge. Any transport of greater than 100 lbs. is punishable by 8 – 24 years in prison and a fine of $5,000 - $1,000,000. Any transfer to a minor is also a felony punishable
by 2 – 4 years in prison and a fine of $2,000 - $500,000. Any sale within 1000 feet of a school or public housing area increases the penalties to 8 – 24 years in prison and a fine of $10,000 to $1,000,000.

Patients who possess written documentation from their physician recommending the use of marijuana and are registered with the state and issued an identification card may legally possess no more than two ounces of
marijuana or no more than six marijuana plants.

Any convictions for drug offenses that involve diversion from the prison system require a mandatory 16 - 48 hours of community service.
Any felony convictions involving possession or sale of marijuana also result in the suspension of the offender's driver's license for a period of up to one year.

Possession or sale of paraphernalia is a petty offense punishable by a fine of up to $100.

Conditional release: The state allows conditional release or alternative or diversion sentencing for people
facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After
successfully completing probation, the individual's criminal record does not reflect the charge.

Decriminalization: The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.

Medical marijuana: This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective

Warning: The information contained in this report is for informational purposes only. Individuals are encouraged to confirm their state's laws before engaging in any particular behavior, or before going to court without a lawyer. Marijuana laws and penalties change rapidly and are enforced and interpreted differently even in the same legal jurisdiction. Please consult a criminal defense lawyer if you have been busted or if you want to know how a particular conduct might be punished. If you spot an error or have information that should be included please let us know.

Source: NORML web site

Be informed and be well.

 

[justintym2]

yhank you i needed the refresher course i am a payient and voter and this should be seen as a modern med, i hope in the near future the government realizes the war is at the borders and if you control those borders fine but not the people witin . im not sayin we dont need rules and guidelines but damn people pay attention..this is a plant not a bomb

 

[Evolutionized]

Just a little update.....
PATIENT REGISTRATION FEE is now $35 instead of $90!

See Colorado: Medical Marijuana Law Overview and State Fines/Penalties for more up to date information regarding state laws and penalties.