WHO IS ELIGIBLE TO RECEIVE A MEDICAL MARIJUANA LICENSE FROM THE STATE OF COLORADO?
Colorado law allows Colorado residents to obtain a “Medical Marijuana Registry” identification card if they have a “debilitating condition” for which a doctor provides a “recommendation” that marijuana may alleviate that condition.
Debilitating medical conditions include: Cancer; Glaucoma, and HIV.
In addition, a doctor may recommend medical marijuana for other debilitating conditions if the condition produces one of the following conditions in the patient:
- ADD, ADHD
- Asthma (treated via vaporizers only, smoking is not suggested)
- Anorexia, Cachexia
- Arthritis
- HIV infection, Acquired immune deficiency syndrome (AIDS)
- Chronic pain
- Chronic low back pain
- Cancer
- Glaucoma
- Hepatitis C (in conjunction with anti-viral treatment)
- Huntington’s chorea
- Migraine
- Muscle Spasms
- Neuropathy
- PMS
- Painful Periods
- Persistent muscle spasms, multiple sclerosis
- Parkinson’s disease
- Seizures & Epilepsy
- Severe nausea
- Severe Pain
- Wasting syndrome
If you Suffer From one of these Medical Conditions, Click Here To Learn How to Get Your Card and Apply For a Private Consultation.
Source:
http://sensiblecolorado.org/
ALLOWABLE AMOUNTS OF MARIJUANA FOR PATIENTS AND CAREGIVERS UNDER STATE LAW
Colorado law authorizes a patient who has been issued a Medical Marijuana Registry identification card, or that patient’s primary caregiver who has been identified on the patient’s Medical Marijuana Registry Identification card, to possess:
(a) No more than two (2) ounces of a usable form of marijuana; and
(b) Not more than six (6) marijuana plants, with three (3) or fewer being mature, flowering plants that are producing a usable form of marijuana.
Source:
http://sensiblecolorado.org/
PROTECTIONS IN THE LAW FROM STATE OR LOCAL PROSECUTION
1. General Exemption from Criminal Prosecution
Colorado law provides an exemption from state and local criminal prosecution for patients or caregivers with a Medical Marijuana Registry Identification card, AS LONG AS THE PATIENTS AND CAREGIVERS REMAIN WITHIN THE LIMITS FOR QUANTITY OF MARIJUANA UNDER THE STATE LAW AS DISCUSSED ABOVE.
2. Larger Amounts of Marijuana May be Grown and Still Protected Under State Law
However, if a patient or caregiver possesses more than the allowable limits of marijuana under the state law, Colorado law provides the patient or caregiver with an affirmative defense to any criminal charge if it can be shown that the increased amount of marijuana was medically necessary to address the patient’s debilitating condition. Despite this added protection, PATIENTS AND CAREGIVERS SHOULD GENERALLY ATTEMPT TO STAY WITHIN THE LIMITS ALLOWED BY STATE LAW IN ORDER TO AVOID STATE OR LOCAL PROSECUTION.
3. Defenses Available Under State Law for Patients With a Doctor’s Recommendation, but who Lack a Colorado Medical Marijuana Registry Identification Card
Finally, Colorado law provides protections to patients who already have received a doctor’s recommendation that medical marijuana would alleviate their debilitating condition, even if the patient has not obtained the Medical Marijuana Registry card from the state government. This provision creates an affirmative defense to state and local prosecution. Again, patients are encouraged to obtain a Medical Marijuana Registry card as soon as possible after obtaining the recommendation.
Source:
http://sensiblecolorado.org/
POTENTIAL FOR FEDERAL PROSECUTION
Despite the protections under state law, licensed Colorado medical marijuana patients remain subject to potential federal prosecution. There have been several documented cases of federal prosecution in Colorado, and elsewhere, such as California. To date, medical marijuana patients have attempted numerous tactics to avoid federal prosecution without success in the Courts. In the recent case of Raich v. Gonzales, the US Supreme Court decided that the federal Controlled Substances Act supercedes all state medical marijuana laws, meaning patients licensed under state medical marijuana laws can be prosecuted by the federal government.
However, the Supreme Court has never decided if there might still be a medical necessity defense for individual patients possessing marijuana for medical purposes. Any patient prosecuted by the federal government should discuss using this defense with his/her attorney.
Patients should note that the Drug Enforcement Agency has repeatedly said that it has no intention of seeking out and prosecuting individual medical marijuana patients who possess or cultivate small amounts of marijuana. Colorado lawyers generally agree the DEA has an informal policy of not getting involved in cases involving less than 100 plants. Despite this informal policy, federal prosecution remains a possibility for all medical marijuana patients in Colorado.
It should also be noted that only 1% of the approximate 750,000 annual marijuana prosecutions nationwide come from federal agencies. Therefore, if you are a licensed medical marijuana patient under Colorado state law, your chances of being prosecuted by the federal government remain low.
BEING A GOOD PATIENT – BASIC PRECAUTIONS TO LESSEN YOUR CRIMINAL LIABILITY
Stay within the plant and loose marijuana limits set by the state law.
Travel safely.
Do not smoke and drive or have marijuana visible in your automobile.
If you travel with marijuana, keep the marijuana concealed, preferably in your trunk.
Do not keep medical marijuana or paraphernalia in plain or open view through windows.
If marijuana is in plain view, police will not need a search warrant to come to your door and arrest you and search the house.
WHAT TO DO WHEN POLICE STOP YOU OR SHOW UP AT YOUR DOOR.
Dealing with the Police can be stressful. Remain calm and remember to assert your rights.
The Fourth Amendment to the Bill of Rights of the United States Constitution states:
1. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
2. The Fifth Amendment reads, in part, "No person shall be... compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law...." These amendments provide the foundation for the rights that protect all U.S. Citizens from intrusive law enforcement practices. If an officer violates your rights then any evidence discovered as a result of that violation must be suppressed from the evidence at trial.
3. Don't Leave Contraband in Plain View
Although law enforcement officers must obtain a warrant before they can conduct a privacy-invading search, any illicit material that can be plainly seen by any person from a non-intrusive vantage point is subject to confiscation. An arrest and a valid warrant to search the rest of the area is likely to ensue. A "roach" in the ashtray, a pipe or baggie on the coffee table, or a joint being smoked in public are common mistakes which all too-frequently lead to arrests.
4. Never Consent
Many individuals arrested on marijuana charges could have avoided that arrest by exercising their Fourth Amendment rights. If a law enforcement officer asks for your permission to search, it is usually because: (1) there is not enough evidence to obtain a search warrant; or (2) the officer does not feel like going through the hassle of obtaining a warrant. Law enforcement officers are trained to intimidate people into consenting to searches. If you do consent, you waive your constitutional protection and the officers may search and seize items without further authorization. If officers find contraband, they will arrest you.
5. If you do not consent to a search, the officer must either release you or detain you and attempt to get a warrant. The fact that you refuse to consent does not give the officer grounds to obtain a warrant or further detain you. The important thing for you to remember is never to consent to a search or talk with an officer if you want to preserve your rights.
6. If an officer asks to search you or an area belonging to you or over which you are authorized to control, you should respond:
7. "I do not consent to a search of my [person, baggage, purse, luggage, vehicle, house, blood, etc.] I do not consent to this contact and do not want to answer any questions. If I am not under arrest, I would like to go now (or be left alone)."
8. Don't Answer Questions Without Your Attorney Present
Whether arrested or not, you should always exercise the right to remain silent. Anything you say to law enforcement officers, reporters, cell mates, or even your friends can be used as evidence against you. You have the right to have an attorney present during questioning. Your right to remain silent should always be exercised.
9. Determining if You Can Leave
You may terminate an encounter with officers unless you are being detained under police custody or have been arrested. If you cannot tell whether you may leave, you can ask officers, "Am I under arrest or otherwise detained?" If the answer is, "No," you may leave.
10. An officer can temporarily detain you without arresting you if he has "reasonable suspicion" that you are involved in criminal activity. An officer must be able at a later time to articulate to a judge objective facts that would have caused a reasonable person to suspect that you were involved in criminal activity at the point that you were detained. Also, the officer may perform a "pat down" or "frisk" on you during the detention if he has reasonable suspicion that you are armed. However, an officer may only reach into your pockets if he pats something that feels like a weapon.
When an officer attempts to contact or question you, you should politely say:
11. "I do not consent to this contact and I do not want to answer any questions. If I am not under arrest I would like to go now (or be left alone)."
12. If arrested, you should again refuse a search of any kind and refuse to answer any questions. At this point you should insist on speaking to an attorney as soon as possible.
13. Do Not Be Hostile; Do Not Physically Resist
There are times when individuals politely assert their rights and refuse to consent to a search but the officers nonetheless proceed to detain, search, or arrest them. In such cases, it is important not to physically resist. Rather, you should reassert your rights as outlined above in section 2.
14. Informing on Others
The police and prosecutors often try to pressure individuals into providing information that would lead to the arrest and conviction of others. Threats and promises by police and prosecutors should be viewed with caution and skepticism. Decisions should only be made after consulting with an experienced criminal defense attorney and examining one's own conscience.
EMPLOYMENT
Colorado law does not provide any special protections or rights for medical marijuana patients in relation to their employment. Employment in Colorado is generally on an “at-will” basis, meaning that employers generally have the right to fire employees at any time for any reason (other than for discriminatory or retaliatory reasons). In addition, many employers have drug testing programs. Even if you are a licensed medical marijuana patient, an employer may still require you to take a drug test, and may still fire you for a positive test. Some employees are hired with employment contracts. Employment contracts can be negotiated to protect a medical marijuana patient from being fired based on use of their medicine.
Source:
http://sensiblecolorado.org/
DRIVING OR TRAVELING TO OTHER STATES WITH MEDICAL MARIJUANA
Currently, Colorado’s medical marijuana cards are only recognized as valid in Montana and Rhode Island. In all other states, including other states that have medical marijuana programs such as California, a person in possession of a Colorado medical marijuana card will not get any protections from criminal prosecution. In addition, patients should be cautious if driving between states because there are no protections for patients licensed under Colorado state law while driving through other states.
In addition, there are no protections for medical marijuana patients flying on commercial airplanes. Federal agents can and will seize medical marijuana and arrest the patient attempting to board a plane if they find the patient’s medicine. Moreover, there are no protections for patients flying internationally. Most international airports have drug dogs that can locate medical marijuana in bags.
Source:
http://sensiblecolorado.org/
REFORM AT THE STATE LEVEL
Sensible Colorado does not attempt to influence state legislation. However, the Colorado legislature could enact further legislation to clarify the rights and responsibilities of medical marijuana patients under state law. For example, the legislature could enact legislation increasing the limit on the number of plants to more realistically reflect the needs of most medical marijuana patients. In addition, the legislature could enact legislation to clarify the legality of medical marijuana cooperatives under state law. The legislature could clarify the power of primary caregivers to manage more than 5 patients at one time. Similarly, the Health Department could create new policy or enact binding regulations clarifying the issues identified above and others.
SOLUTIONS TO THE MEDICAL MARIJUANA ILLEGALITY UNDER FEDERAL LAW
The best solution to end the conflict between federal and state medical marijuana laws would be for Congress to change federal law to allow states to legalize the medical use of marijuana free from federal prosecution. To date, all such legislative efforts have been unsuccessful.
For several years, Congress has been considering the Hinchey-Rohrabacher Amendment, which would order the DEA to stop arresting and imprisoning state licensed medical marijuana patients. You should consider contacting your local US Congressperson to share your views on this issue.
Another option would be for the federal government to reschedule marijuana to something lower than a Schedule I drug. A Schedule I drug is a drug defined as having a high potential for abuse or addiction and no known medical value. Doctors cannot prescribe Schedule I drugs. Medical marijuana is the exact opposite of a Schedule I drug: it is rarely addictive and has many medical uses. However, the federal government has resisted rescheduling marijuana for years. US Representatives Barney Frank and Cynthia McKinney have introduced a bill to reschedule marijuana to Schedule II to allow it to be prescribed by doctors. You could consider calling your US Congressperson and expressing your position on marijuana rescheduling.
Source:
http://sensiblecolorado.org/