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Colorado Medical Marijuana Law

• Department of Revenue Medical Marijuana Enforcement Division (MMED): Rules and regulations regarding medical marijuana.
  
• Department of Public Heatlh and Environment (CDPHE): More rules and proposed rules through CDPHE available here.
• Colorado Board of Health: Creates rules and regulations for Medical Marijuana Program
• Final Versions of Colorado's New Medical Marijuana Code
  
  • HB10-1284: Medical Marijuana "Center" Regulation, Enacted by Gov. Bill Ritter on June 7, 2010
  • SB10-109: Physician/Patient Relationship, Enacted by Gov. Bill Ritter on June 7, 2010
  • HB 11-1043: Updates to Medical Marijuana Code (2011)
• Colorado's Medical Marijuana Constitutional Amendment
  Article XVIII, Section 14 of the Colorado Constitution
  Enacted by voters in 2000. Medical marijuana is a Constitutional right for Colorado citizens who have a debilitating medical condition. Often mistakenly called "Amendment 20" after the number of the question when it was on the statewide ballot in 2000.
• Medical Marijuana and Sales Tax: Formal Opinion of Attorney General John Suthers Regarding Sales Tax and Medical Marijuana(11/16/09)
• Colorado Revised Statutes and Constitution
• Code of Colorado Regulations

Federal Law

Department of Justice Memos

June 29, 2011: Cole Memo: Reinterates that commercial marijuana cultivation operations will be prosecuted by the feds "regardless of state law."

April 26, 2011: Walsh Memo: Letter from Colorado Attorney General John Suthers to Colo. General Assembly with a memo from Colorado US Attorney John Walsh

Feb. 1, 2011: Haag Memo (DOJ to Oakland City Attorney regarding large scale grow operations.)

October 19,2009: MEMORANDUM FOR SELECTED UNITED STATES ATTORNEYS
FROM: David W. Ogden, Deputy Attorney General
SUBJECT: Investigations and Prosecutions in States Authorizing the Medical Use of Marijuana
This memo allegedly gave the Obama's administration's "green light" to medical marijuana producers, however a close reading of it shows nothing of the sort. More recent memos have clarified that the feds do not recognize state medical marijuana laws.

Federal Case Law

Gonzales v. Raich (previously Ashcroft v. Raich), 545 U.S. 1 (2005), was a case in which the United States Supreme Court ruled on June 6, 2005 that under the Commerce Clause of the United States Constitution, which allows the United States Congress "To regulate Commerce... among the several States," Congress may ban home-grown cannabis even where states approve its use for medicinal purposes.

Colorado Litigation

Patient and Caregiver Rights Litigation Project (Cannabislawsuits.com): Lawsuits to overturn large parts of Colorado's Medical Marijuana Code as un-Constitutional and restore constitutional rights to caregivers.

Colorado District Court

Cannamart v. Centennial

Cannamart v Centennial Complaint

Ruling: Verbal, not written. Judge ruled that Centennial could not ban medical marijuana dispensaries. Read Denver Post article.

Colorado Appellate Cases

Colorado v. Clendenin

• Motion to Enforce
• Appellate Court Ruling
• Oct. 29, 2009 CTI Press Release: Colorado v. Clendenin: The first case law on Colorado's Medical Marijuana Law (Article XVIII, Section 14 of the Colorado Constitution). The court ruled that a medical marijuana caregiver must know their patients personally and must provide them with other services in addition to the acquisition of medical marijuana.

Colorado v. Marzano Briefs

Marzano Court Filings

• Opening Brief (3/19/09)
• AG Answer Brief
• Marzano Reply Brief (4/12/10)
• Marzano ruling throwing case out
• Marzano petition for rehearing from Colorado AG

Aug. 9, 2010: Westword: Medical marijuana conviction against Frank Marzano tossed due to illegal search

May 4, 2011: Click here for PHOTOS and VIDEO of Frank Marzano getting his confiscated property returned to him.

Medical Marijuana Jury Verdicts

A jury determined a patient could possess any amount of cannabis. See the case of Jason Lauve