The move toward the legalization of marijuana for medical purposes has been fast and furious since California became the first state to do so in 1996. Colorado quickly followed in 2000. At the start of 2011, a total of 16 states and the District of Columbia had medical marijuana laws on the books – or an average of about one a year.
Our Denver medical marijuana defense lawyers understand the fight is far from over, however. In far too many cases, law enforcement does not follow the law. And the federal government has sent mixed signals – first indicating it would not interfere with state rights and then reaffirming its opinion that marijuana is a dangerous Schedule I narcotic that belongs in the same class as heroin.
Marijuana was not illegal until the passing of the Harrison Act in 1914. By 1937, about half the states had outlawed its use. By the 1950s, the Boggs Act and the Narcotics Control Act outlined mandatory sentences for marijuana offenders. It would be less than half a century until California turned the tide by becoming the first state to re-legalize medical marijuana.
Defense of Medical Marijuana Rights in Colorado
Even as other states have joined in legalizing marijuana for medical purposes, Denver medical marijuana defense attorneys have continued to fight for the rights of patients, growers and dispensaries. Laws are only as good as those chosen to enforce them, after all, and too often the rights of patients and dispensaries are not upheld.
By mid-2011, medical marijuana had been legalized in 16 states and the District of Columbia.
- California (1996)
- Oregon (1998)
- Alaska (1998)
- Washington (1998)
- Maine (1999)
- Nevada (2000)
- Colorado (2000)
- Hawaii (2000)
- Montana (2004)
- Vermont (2006)
- Rhode Island (2006)
- New Mexico (2007)
- Michigan (2008)
- Arizona (2010)
- New Jersey (2010)
- District of Columbia (2011)
- Delaware (2011)
Medical Marijuana Dispensary Defense in Denver
What is permitted under the law varies by state. In many states, possession of under an ounce is legal. Oregon permits 2 pounds. States also regulate the number of plants a person can have – both mature and immature.
But the real contention is often at the dispensary or grower level. By attacking the infrastructure, law enforcement may circumvent the rights of medical marijuana businesses and patients alike. In many areas, zoning has been used to prevent dispensaries from doing business. And the Drug Enforcement Administration and Internal Revenue Service continue to weigh in sporadically. Dispensaries that have sound legal advice and the protection afforded by an experienced law firm have generally had the best chances to survive and thrive.
But marijuana patients have rights under Colorado law. And growers and dispensaries 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
