State Law

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How is this possible?

 

Medical Marijuana was approved by the voters of Colorado in 2000 as an amendment to Colorado’s Constitution. Patients were allowed to apply for a medical marijuana registry card with the Colorado Department of Public Health and Environment in 2001.

The basics of the constitutional amendment is that a patient and the patient’s primary caregiver may collectively be in possession of 6 plants, with no more than 3 flowering, and up to 2 ounces of usable marijuana.

However, marijuana remains illegal under Federal law. Since Federal law trumps Colorado state law many people were not willing to become a patient or caregiver.

In October 2009 the Federal Government issued a memo stating that its limited Federal resources should not be used to go after patients and their primary caregivers in states that allow medical marijuana as long as the patients and primary caregivers were in complete an unambiguous compliance with the state law.

Caregivers

A 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.

Possession / Cultivation

The possession limit is two ounces of usable marijuana. Patients (or their primary caregivers) may cultivate no more than six marijuana plants, with three or fewer being mature, flowering plants that are producing a usable form of marijuana.

Patient Status & Registration

In order to become a medical cannabis patient, you must be a Colorado resident with a valid Social Security number, have a qualifying medical condition or symptom, and be examined by a doctor with whom you have a bona fide physician-patient relationship. Please click here for a step-by-step guide that will show you exactly what you’ll need to do to become a registered medical cannabis patient in the state of Colorado.

Dispensary Regulations

The Marijuana Task Force was created by Ordinance 15-79 in order to: Review, study, develop, evaluate, and review laws and regulations pertaining to marijuana businesses, including but not limited to location and licensing criteria, fees, advertising, and other time, place, manner, and number regulations. The task force completed its work in May 2016, when City Council adopted a number of ordinances relating to marijuana regulation. Learn more at: https://coloradosprings.gov/city-council/page/marijuana-task-force

Laws

Colorado Constitution Article XVIII C.O. Const. art. XVIII, §14 (2001)

Colorado Revised Statutes 18-18-406.3 : Medical use of marijuana by persons diagnosed with debilitating medical conditions — unlawful acts — penalty — medical marijuana program cash fund.

Colorado Revised Statute 25-1.5-106 : Medical marijuana program — powers and duties of department.

Senate Bill 15-014 : Caregiver registration with the Marijuana Enforcement Division.

 

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