Medical marijuana was legal throughout the United States and most of the rest of the world until the early 1900s. Only in the 70 years or so between Prohibition and California’s legalization of medical marijuana in 1996 has law enforcement prosecuted citizens for possession or cultivation of marijuana.
In the last decade or so, medical marijuana has been legalized in 16 states, including Colorado. Belgium, Canada, the Netherlands, Czech Republic and Israel also have medical marijuana laws. However, Colorado’s medical marijuana law is not always evenly enforced or fairly applied. And enforcement of federal drug laws, which still define marijuana as a Schedule I narcotic on par with heroin, often mean hiring a Denver medical marijuana defense lawyer is essential to protecting your rights as a patient, grower or distributor.
Colorado Medical Marijuana Laws: A World View
In 2000, Colorado followed California, which became the first state in the United States to legalize medical marijuana, when it did so in 1996. Colorado and California have also decriminalized possession of marijuana by non-patients. The penalty for minor possession is a $100 fine. However, marijuana sales can still get you in serious trouble – as can sales involving a minor or those occurring near a school.
The patchwork of laws and their uneven application make consulting with a Denver marijuana defense firm essential to protecting your rights – whether you are facing a charge involving medical marijuana or you face other marijuana charges. Like the rest of the world, Colorado has continued to struggle with its marijuana laws in the century since lawmakers abruptly decided it should be illegal. Until the 1920s, marijuana was used medicinally throughout the United States and grown on plantations from coast to coast. Since then, most of the rest of the world has followed suit in complicating matters by making this medicinal herb illegal.
- Australia: Remains illegal but penalties differ. Possession is still considered a criminal offense in Tasmania, Queensland, Victoria and New South Wales.
- Canada: Some medical uses have been legalized. While cannabis otherwise remains illegal, it is widely tolerated by the public. A Canadian court ruled in 2007 that the country’s criminal cannabis possession laws are unconstitutional; the issue remains in litigation. Canada’s anti-drug policies group issued a report in 2002 that found marijuana is not a gateway drug and should be treated like alcohol or tobacco.
- France: Takes a hard stance against all drugs and against placing any narcotics in a favorable light. The country categorizes marijuana with cocaine and LSD. Possession is punishable by a year in jail and trafficking and production can result in up to 20 years in prison.
- Germany: Marijuana remains illegal but those in possession of a small amount are generally not fined. Use of cannabis is not illegal.
- Hong Kong: Cannabis is illegal and trafficking can result in a penalty of up to life in prison. Possession is punishable by up to 7 years behind bars.
- Mexico: The Mexican Congress decriminalized possession of up to 5 grams for personal use. In October 2008, a bill was introduced that would legalize the consumption, possession and commerce of marijuana.
Marijuana Charges in Colorado – Contact a Denver Defense Attorney
Clearly, the marijuana laws are as all over the map in the rest of the world as they are in the United States. Under Colorado law, many variables can impact potential penalties. If you are charged with selling marijuana, for instance, the penalty is much more severe than for possession. If you are arrested near a school or other sensitive area, you can face increased penalties. And the penalties can be quite severe if a minor is involved.
But marijuana patients have rights under Colorado law. And the growers and dispensaries that supply this medicine have rights. Contact the Law Firm of Jeremy Rosenthal for a free consultation 303.825.2223.
Medical Marijuana Defense in Denver – 303-825-2223 – Free Consultation
