DISCLAIMER: This information is intended for educational purposes only. No reliance, expressed or implied, may be made on the information on this page or on any of its links. Any persons considering applying for a medical marijuana card in the State of Colorado should consult an attorney first. This webpage and its related links do not advocate that anyone violate state or federal law. Sensible Colorado is not responsible for any damages incurred as a result of your reliance on the educational information on this page.

FAQs - MEDICAL MARIJUANA IN COLORADO

INTRODUCTION

Marijuana has been used by human beings for thousands of years for therapeutic and recreational purposes. Over the last 30 years, nearly every serious scientific study or government investigation has concluded that marijuana is a useful medication for treating a variety of illnesses. Over 60 U.S. and international health organizations have expressed some degree of support for medical marijuana, including the American Public Health Association, the American Medical Association, and the American Nurses Association. For more information on the medical efficacy of marijuana, see the following websites: NORML at http://norml.org/index.cfm?Group_ID=5441; and Dr. Robert Melamede, Chair of the Department of Biology at the University of Colorado at Colorado Springs, at http://www.uccs.edu/~rmelamed/ (click on the “Medical Marijuana” link).

Thirteen states (Alaska, California, Colorado, Hawaii, Maine, Maryland, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont, and Washington) and the District of Columbia have approved medical marijuana programs either through citizen’s ballot initiative or through the legislature. The District of Columbia’s program never went into effect because Congress disallowed the District to implement the program.

Colorado’s medical marijuana program is the result of a citizens’ ballot initiative in 2000 called Amendment 20. The ballot initiative amended the state’s constitution to recognize the medical use of marijuana and Colorado voters approved the measure by a majority of 54%. The law took effect on June 1, 2001.For the full text of Amendment 20, see http://www.cdphe.state.co.us/hs/medicalmarijuana/mjamendment.htm. Colorado has nearly 700 medical marijuana patients licensed through the state Department of Public Health and Environment (”Health Department”). Over 315 physicians in Colorado have written recommendations for marijuana.

However, there remain numerous inconsistencies and uncertainties under Colorado’s medical marijuana law. For example, the biggest issue is that medical marijuana remains illegal under federal law. Despite the protections to patients from state and local police, as discussed herein, medical marijuana patients remain subject to federal arrest and prosecution. It should be noted that federal prosecution is rare.

In addition, understanding of the medical marijuana law by state and local police varies throughout Colorado and police continue to harass medical marijuana patients on occasion. Other uncertainties under the state law include the rights of patients while on probation for a criminal offense, and the rights of patients to join together to form cooperatives or collectives. For these reasons, Sensible Colorado supports efforts to clarify and strengthen Colorado’s medical marijuana law to better protect patients and their caregivers.