Colorado’s Medical Marijuana Law
The legalization of medical marijuana in Colorado was the will of the people. The constitutional amendment was passed by voters on Nov. 7, 2000. The law took effect on June 1, 2001.
How it became law is important because when the people speak, government should listen. But this does not always happen – particularly when politicians and law enforcement officers are involved. Too often, government believes it knows best – the government “by” the people is not government “for” the people. Consequently, it can take an experienced Denver medical marijuana defense lawyer to protect your rights – even a decade after Colorado’s medical marijuana law hit the books.
Denver Medical Marijuana Defense Lawyers: Changes to Colorado Law
As passed, the law removes state-level criminal penalties for the use, possession or cultivation of marijuana by patients with the written permission of a physician. A number of medical conditions are eligible (including chronic pain, cancer, glaucoma and HIV/AIDS), while others must be approved by the Colorado Board of Health.
In June 2010, HB 1284 was passed, requiring medical marijuana dispensaries to obtain state and local licenses and to comply with local zoning codes. The bill also imposes a statewide moratorium on the establishment of new dispensaries. It also permits local communities to prohibit the establishment of dispensaries. Also in June 2010, Senate Bill 109 passed, which limits a physician’s ability to recommend cannabis to therapy patients.
These laws are under challenge on all fronts by Denver dispensary defense attorneys. Lawmakers may not pass laws that infringe upon the rights granted by a constitutional amendment. In other cases, physicians or caregivers who prescribe or administer medical marijuana may come under attack – the law protects them as well.
Colorado’s Medical Marijuana Process
1) Diagnosis of a qualifying condition by a physician.
2) Written recommendation for marijuana by physician.
3) Apply to the Colorado Department of Public Health and Environment for a Medical Marijuana Registry identification card.
4) Understand your rights under the law. There are limits to the amount of marijuana you may possess or grow. Also, your rights may not apply once you cross state lines.
While it was not the will of the voters to make the use of medical marijuana rife with peril, law enforcement agencies have too often made it so. Enforcement efforts vary from department to department and county to county. And having a drug conviction on your record can impact your life for years to come.
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) 573-0543.
Medical Marijuana Defense in Denver – (303) 573-0543 – Free Consultation