Colorado's Medical Marijuana Law
Article XVIII, Section 14 of the Colorado Constitution
Medical Marijuana - Statewide Colorado Ballot Initiative
Passed by Voters on Nov. 7, 2000
For: 54%
Against: 46%
Colorado's Medical Marijuana Law
Article XVIII, Section 14 of the Colorado Constitution
ARTICLE XVIII - Miscellaneous
Section 14. Medical use of marijuana for persons suffering from
debilitating medical conditions.
(1) As used in this section, these terms are defined as follows:
(a) "Debilitating medical condition" means:
(I) Cancer, glaucoma, positive status for human immunodeficiency
virus, or acquired immune deficiency syndrome, or treatment for
such conditions;
(II) A chronic or debilitating disease or medical condition, or
treatment for such conditions, which produces, for a specific patient,
one or more of the following, and for which, in the professional
opinion of the patient's physician, such condition or conditions
reasonably may be alleviated by the medical use of marijuana: cachexia;
severe pain; severe nausea; seizures, including those that are characteristic
of epilepsy; or persistent muscle spasms, including those that are
characteristic of multiple sclerosis; or
(III) Any other medical condition, or treatment for such condition,
approved by the state health agency, pursuant to its rule making
authority or its approval of any petition submitted by a patient
or physician as provided in this section.
(b) "Medical use" means the acquisition, possession,
production, use, or transportation of marijuana or paraphernalia
related to the administration of such marijuana to address the symptoms
or effects of a patient's debilitating medical condition, which
may be authorized only after a diagnosis of the patient's debilitating
medical condition by a physician or physicians, as provided by this
section.
(c) "Parent" means a custodial mother or father of a
patient under the age of eighteen years, any person having custody
of a patient under the age of eighteen years, or any person serving
as a legal guardian for a patient under the age of eighteen years.
(d) "Patient" means a person who has a debilitating medical
condition.
(e) "Physician" means a doctor of medicine who maintains,
in good standing, a license to practice medicine issued by the state
of Colorado.
(f) "Primary care-giver" means a person, other than the
patient and the patient's physician, who is eighteen years of age
or older and has significant responsibility for managing the well-being
of a patient who has a debilitating medical condition.
(g) "Registry identification card" means that document,
issued by the state health agency, which identifies a patient authorized
to engage in the medical use of marijuana and such patient's primary
care-giver, if any has been designated.
(h) "State health agency" means that public health related
entity of state government designated by the governor to establish
and maintain a confidential registry of patients authorized to engage
in the medical use of marijuana and enact rules to administer this
program.
(i) "Usable form of marijuana" means the seeds, leaves,
buds, and flowers of the plant (genus) cannabis, and any mixture
or preparation thereof, which are appropriate for medical use as
provided in this section, but excludes the plant's stalks, stems,
and roots.
(j) "Written documentation" means a statement signed
by a patient's physician or copies of the patient's pertinent medical
records.
(2) (a) Except as otherwise provided in subsections (5), (6), and
(8) of this section, a patient or primary care-giver charged with
a violation of the state's criminal laws related to the patient's
medical use of marijuana will be deemed to have established an affirmative
defense to such allegation where:
(I) The patient was previously diagnosed by a physician as having
a debilitating medical condition;
(II) The patient was advised by his or her physician, in the context
of a bona fide physician-patient relationship, that the patient
might benefit from the medical use of marijuana in connection with
a debilitating medical condition; and
(III) The patient and his or her primary care-giver were collectively
in possession of amounts of marijuana only as permitted under this
section.
This affirmative defense shall not exclude the assertion of any
other defense where a patient or primary care-giver is charged with
a violation of state law related to the patient's medical use of
marijuana.
(b) Effective June 1, 2001, it shall be an exception from the state's
criminal laws for any patient or primary care-giver in lawful possession
of a registry identification card to engage or assist in the medical
use of marijuana, except as otherwise provided in subsections (5)
and (8) of this section.
(c) It shall be an exception from the state's criminal laws for
any physician to:
(I) Advise a patient whom the physician has diagnosed as having
a debilitating medical condition, about the risks and benefits of
medical use of marijuana or that he or she might benefit from the
medical use of marijuana, provided that such advice is based upon
the physician's contemporaneous assessment of the patient's medical
history and current medical condition and a bona fide physician-patient
relationship; or
(II) Provide a patient with written documentation, based upon the
physician's contemporaneous assessment of the patient's medical
history and current medical condition and a bona fide physician-patient
relationship, stating that the patient has a debilitating medical
condition and might benefit from the medical use of marijuana.
No physician shall be denied any rights or privileges for the acts
authorized by this subsection.
(d) Notwithstanding the foregoing provisions, no person, including
a patient or primary care-giver, shall be entitled to the protection
of this section for his or her acquisition, possession, manufacture,
production, use, sale, distribution, dispensing, or transportation
of marijuana for any use other than medical use.
(e) Any property interest that is possessed, owned, or used in
connection with the medical use of marijuana or acts incidental
to such use, shall not be harmed, neglected, injured, or destroyed
while in the possession of state or local law enforcement officials
where such property has been seized in connection with the claimed
medical use of marijuana. Any such property interest shall not be
forfeited under any provision of state law providing for the forfeiture
of property other than as a sentence imposed after conviction of
a criminal offense or entry of a plea of guilty to such offense.
Marijuana and paraphernalia seized by state or local law enforcement
officials from a patient or primary care-giver in connection with
the claimed medical use of marijuana shall be returned immediately
upon the determination of the district attorney or his or her designee
that the patient or primary care-giver is entitled to the protection
contained in this section as may be evidenced, for example, by a
decision not to prosecute, the dismissal of charges, or acquittal.
(3) The state health agency shall create and maintain a confidential
registry of patients who have applied for and are entitled to receive
a registry identification card according to the criteria set forth
in this subsection, effective June 1, 2001.
(a) No person shall be permitted to gain access to any information
about patients in the state health agency's confidential registry,
or any information otherwise maintained by the state health agency
about physicians and primary care-givers, except for authorized
employees of the state health agency in the course of their official
duties and authorized employees of state or local law enforcement
agencies which have stopped or arrested a person who claims to be
engaged in the medical use of marijuana and in possession of a registry
identification card or its functional equivalent, pursuant to paragraph
(e) of this subsection (3). Authorized employees of state or local
law enforcement agencies shall be granted access to the information
contained within the state health agency's confidential registry
only for the purpose of verifying that an individual who has presented
a registry identification card to a state or local law enforcement
official is lawfully in possession of such card.
(b) In order to be placed on the state's confidential registry
for the medical use of marijuana, a patient must reside in Colorado
and submit the completed application form adopted by the state health
agency, including the following information, to the state health
agency:
(I) The original or a copy of written documentation stating that
the patient has been diagnosed with a debilitating medical condition
and the physician's conclusion that the patient might benefit from
the medical use of marijuana;
(II) The name, address, date of birth, and social security number
of the patient;
(III) The name, address, and telephone number of the patient's
physician; and
(IV) The name and address of the patient's primary care-giver,
if one is designated at the time of application.
(c) Within thirty days of receiving the information referred to
in subparagraphs (3) (b) (I)-(IV), the state health agency shall
verify medical information contained in the patient's written documentation.
The agency shall notify the applicant that his or her application
for a registry identification card has been denied if the agency's
review of such documentation discloses that: the information required
pursuant to paragraph (3) (b) of this section has not been provided
or has been falsified; the documentation fails to state that the
patient has a debilitating medical condition specified in this section
or by state health agency rule; or the physician does not have a
license to practice medicine issued by the state of Colorado. Otherwise,
not more than five days after verifying such information, the state
health agency shall issue one serially numbered registry identification
card to the patient, stating:
(I) The patient's name, address, date of birth, and social security
number;
(II) That the patient's name has been certified to the state health
agency as a person who has a debilitating medical condition, whereby
the patient may address such condition with the medical use of marijuana;
(III) The date of issuance of the registry identification card
and the date of expiration of such card, which shall be one year
from the date of issuance; and
(IV) The name and address of the patient's primary care-giver,
if any is designated at the time of application.
(d) Except for patients applying pursuant to subsection (6) of
this section, where the state health agency, within thirty-five
days of receipt of an application, fails to issue a registry identification
card or fails to issue verbal or written notice of denial of such
application, the patient's application for such card will be deemed
to have been approved. Receipt shall be deemed to have occurred
upon delivery to the state health agency, or deposit in the United
States mails. Notwithstanding the foregoing, no application shall
be deemed received prior to June 1, 2001. A patient who is questioned
by any state or local law enforcement official about his or her
medical use of marijuana shall provide a copy of the application
submitted to the state health agency, including the written documentation
and proof of the date of mailing or other transmission of the written
documentation for delivery to the state health agency, which shall
be accorded the same legal effect as a registry identification card,
until such time as the patient receives notice that the application
has been denied.
(e) A patient whose application has been denied by the state health
agency may not reapply during the six months following the date
of the denial and may not use an application for a registry identification
card as provided in paragraph (3) (d) of this section. The denial
of a registry identification card shall be considered a final agency
action. Only the patient whose application has been denied shall
have standing to contest the agency action.
(f) When there has been a change in the name, address, physician,
or primary care- giver of a patient who has qualified for a registry
identification card, that patient must notify the state health agency
of any such change within ten days. A patient who has not designated
a primary care-giver at the time of application to the state health
agency may do so in writing at any time during the effective period
of the registry identification card, and the primary care-giver
may act in this capacity after such designation. To maintain an
effective registry identification card, a patient must annually
resubmit, at least thirty days prior to the expiration date stated
on the registry identification card, updated written documentation
to the state health agency, as well as the name and address of the
patient's primary care-giver, if any is designated at such time.
(g) Authorized employees of state or local law enforcement agencies
shall immediately notify the state health agency when any person
in possession of a registry identification card has been determined
by a court of law to have willfully violated the provisions of this
section or its implementing legislation, or has pled guilty to such
offense.
(h) A patient who no longer has a debilitating medical condition
shall return his or her registry identification card to the state
health agency within twenty-four hours of receiving such diagnosis
by his or her physician.
(i) The state health agency may determine and levy reasonable fees
to pay for any direct or indirect administrative costs associated
with its role in this program.
(4) (a) A patient may engage in the medical use of marijuana, with
no more marijuana than is medically necessary to address a debilitating
medical condition. A patient's medical use of marijuana, within
the following limits, is lawful:
(I) No more than two ounces of a usable form of marijuana; and
(II) No more than six marijuana plants, with three or fewer being
mature, flowering plants that are producing a usable form of marijuana.
(b) For quantities of marijuana in excess of these amounts, a patient
or his or her primary care-giver may raise as an affirmative defense
to charges of violation of state law that such greater amounts were
medically necessary to address the patient's debilitating medical
condition.
(5) (a) No patient shall:
(I) Engage in the medical use of marijuana in a way that endangers
the health or well-being of any person; or
(II) Engage in the medical use of marijuana in plain view of, or
in a place open to, the general public.
(b) In addition to any other penalties provided by law, the state
health agency shall revoke for a period of one year the registry
identification card of any patient found to have willfully violated
the provisions of this section or the implementing legislation adopted
by the general assembly.
(6) Notwithstanding paragraphs (2) (a) and (3) (d) of this section,
no patient under eighteen years of age shall engage in the medical
use of marijuana unless:
(a) Two physicians have diagnosed the patient as having a debilitating
medical condition;
(b) One of the physicians referred to in paragraph (6) (a) has
explained the possible risks and benefits of medical use of marijuana
to the patient and each of the patient's parents residing in Colorado;
(c) The physicians referred to in paragraph (6) (b) has provided
the patient with the written documentation, specified in subparagraph
(3) (b) (I);
(d) Each of the patient's parents residing in Colorado consent
in writing to the state health agency to permit the patient to engage
in the medical use of marijuana;
(e) A parent residing in Colorado consents in writing to serve
as a patient's primary care-giver;
(f) A parent serving as a primary care-giver completes and submits
an application for a registry identification card as provided in
subparagraph (3) (b) of this section and the written consents referred
to in paragraph (6) (d) to the state health agency;
(g) The state health agency approves the patient's application
and transmits the patient's registry identification card to the
parent designated as a primary care-giver;
(h) The patient and primary care-giver collectively possess amounts
of marijuana no greater than those specified in subparagraph (4)
(a) (I) and (II); and
(i) The primary care-giver controls the acquisition of such marijuana
and the dosage and frequency of its use by the patient.
(7) Not later than March 1, 2001, the governor shall designate,
by executive order, the state health agency as defined in paragraph
(1) (g) of this section.
(8) Not later than April 30, 2001, the General Assembly shall define
such terms and enact such legislation as may be necessary for implementation
of this section, as well as determine and enact criminal penalties
for:
(a) Fraudulent representation of a medical condition by a patient
to a physician, state health agency, or state or local law enforcement
official for the purpose of falsely obtaining a registry identification
card or avoiding arrest and prosecution;
(b) Fraudulent use or theft of any person's registry identification
card to acquire, possess, produce, use, sell, distribute, or transport
marijuana, including but not limited to cards that are required
to be returned where patients are no longer diagnosed as having
a debilitating medical condition;
(c) Fraudulent production or counterfeiting of, or tampering with,
one or more registry identification cards; or
(d) Breach of confidentiality of information provided to or by
the state health agency.
(9) Not later than June 1, 2001, the state health agency shall
develop and make available to residents of Colorado an application
form for persons seeking to be listed on the confidential registry
of patients. By such date, the state health agency shall also enact
rules of administration, including but not limited to rules governing
the establishment and confidentiality of the registry, the verification
of medical information, the issuance and form of registry identification
cards, communications with law enforcement officials about registry
identification cards that have been suspended where a patient is
no longer diagnosed as having a debilitating medical condition,
and the manner in which the agency may consider adding debilitating
medical conditions to the list provided in this section. Beginning
June 1, 2001, the state health agency shall accept physician or
patient initiated petitions to add debilitating medical conditions
to the list provided in this section and, after such hearing as
the state health agency deems appropriate, shall approve or deny
such petitions within one hundred eighty days of submission. The
decision to approve or deny a petition shall be considered a final
agency action.
(10) (a) No governmental, private, or any other health insurance
provider shall be required to be liable for any claim for reimbursement
for the medical use of marijuana.
(b) Nothing in this section shall require any employer to accommodate
the medical use of marijuana in any work place.
(11) Unless otherwise provided by this section, all provisions
of this section shall become effective upon official declaration
of the vote hereon by proclamation of the governor, pursuant to
article V, section (1) (4), and shall apply to acts or offenses
committed on or after that date.
Enacted by the People November 7, 2000 -- Effective upon proclamation
of the Governor.
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