Among the most high-profile fights being waged by Denver medical marijuana defense lawyers is the battle against HB 1043, which attempts to put limits upon the rights of patients as established by the Constitutional Amendment. We believe lawmakers lack the rights to place such limits on a Constitutional Amendment passed by the voters of the state. But it will be the responsibility of caregivers and patients to fight for their rights.
Rights of Medical Marijuana Patients in Colorado
As passed, the law permits residents to obtain written permission for medical marijuana from a physician who approves its use to treat any number of permitted conditions. Patients can then obtain a medical marijuana card from the state. Colorado’s HB 1043 infringes upon those rights.
Restrictions of HB 1043 include:
- Manufacturers are permitted no more than 500 marijuana plants on site.
- Caregivers are required to register cultivation sites and patient ID numbers.
- Those convicted of felony drug offenses for last 5 years may not apply.
- Removes the 2-year residency requirement.
In general, Colorado’s medical marijuana law permits a patient to have up to 2 ounces of marijuana and six plants, including three mature plants and three immature plants. However, legal problems may arise when a resident is charged with criminal possession or trafficking outside the state’s medical marijuana law. While possession of 2 ounces or less is a petty offense, possession of more than two ounces can result in 6 months to 3 years behind bars. Sale, cultivation or transportation can result in 2 to 24 years behind bars.
Medical Marijuana Caregiver Rights in Denver
Colorado’s medical marijuana law permits a patient to designate a primary caregiver. Such caregivers have significant responsibilities for the oversight and well-being of patients using medical marijuana. Caregivers are limited to less than six patients.
HB1284 has had significant impact on caregivers. Previously, patients had been able to purchase medicine from caregivers and dispensaries. The new law forces caregivers to give up their rights to operate as constitutionally protected dispensaries in order to apply to operate as Medical Marijuana Caregivers. The result has been more than $10 million in application fees collected by the state’s Medical Marijuana Enforcement Division. The division itself is the first ever dedicated to policing patients suffering from debilitating medical conditions.
The new rules force patients to surrender their rights to privacy in order to shop at an MMC. Additionally, they will be forfeiting their rights against self incrimination as marijuana remains illegal under federal law. Because law enforcement is permitted to enter and search an MMC at any time, a patient also gives up his or her Fourth Amendment right to be free from unreasonable search and seizure.
In other words, the legal changes have left the issue in the hands of a police state. Those who wish to fight for their rights – the rights afforded them by a voter-passed amendment to the Colorado Constitution, should consult with a Denver medical marijuana defense attorney with the knowledge and experience to handle the complex issues involving today’s ever-changing medical marijuana laws.
If you need medical marijuana defense representation in Denver – whether as a patient, grower or dispensary, contact the Law Firm of Jeremy Rosenthal for a free consultation 303.825.2223.
Medical Marijuana Defense in Denver – 303-825-2223 – Free Consultation
