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Frequently Asked Questions

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.

General Patient and Caregiver Information

PLANNING BEFORE GETTING A MEDICAL MARIJUANA CARD

Your decision to seek a medical marijuana card could subject you and those close to you to many potential legal problems as discussed below. Before obtaining a medical marijuana card, you should develop a relationship with an attorney who can advise you on your rights and responsibilities as a medical marijuana patient. You should maintain a relationship with an attorney throughout the time you are a medical marijuana patient so that you can quickly obtain help from that attorney if any problems arise.

As discussed in more detail below, you should also discuss this issue with anyone you live with before moving forward. Your activities as a medical marijuana patient may subject your friends and family to the risk of getting entangled in the criminal justice system, even if they have nothing to do with your medical marijuana activities. As you must understand, this is a very serious undertaking and extensive precautions discussed below should be taken at all stages of the process.

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WHO IS ELIGIBLE TO RECEIVE A MEDICAL MARIJUANA LICENSE FROM THE STATE OF COLORADO

Colorado law allows Colorado residents to obtain a “Medical Marijuana Registry” identification card if they have a “debilitating condition” for which a doctor provides a “recommendation” that marijuana may alleviate that condition. Debilitating medical conditions include: Cancer; Glaucoma, and HIV. In addition, a doctor may recommend medical marijuana for other debilitating conditions if the condition produces one of the following conditions in the patient: 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.

Patients who would like to obtain a recommendation for medical marijuana for a condition that is not explicitly covered by the state law should consult their doctor and attorney in advance of applying for a Medical Marijuana Registry card. Patients can petition the Health Department to add new debilitating conditions to the current list. Petitioning the Health Department requires significant scientific proof.  If a prospective patient makes an application to recognize a new condition, a special rulemaking proceeding in front of the Colorado Board of Health may be necessary to add a new condition to the list. The rulemaking process is very detailed and a prospective patient should do extensive work in advance of the  hearing by consulting with attorneys and doctors to make sure the application has the best chances for success.

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HOW TO BECOME A PATIENT IN COLORADO

Contact your regular physician to determine if you current doctor may be willing to discuss the utility of medical marijuana for alleviating your debilitating condition. Do some research before visiting your doctor and be prepared to point your doctor toward scientific evidence that medical marijuana may help your condition. At a minimum, be ready to explain how medical marijuana will relieve your condition.  You should bring all relevant Medical Marijuana Application Forms which can be found at:  http://www.cdphe.state.co.us/hs/medicalmarijuana/medicalmarijuanaforms.html

You should also bring a copy of Colorado’s medical marijuana law which can be found at: http://www.cdphe.state.co.us/hs/medicalmarijuana/mjamendment.html

  • If your doctor will not discuss this medicine with you, seek another doctor who will discuss the option with you. Contact Sensible Colorado for information on doctors in your area who may be willing to discuss if medical marijuana is right for you.
  • If a doctor agrees that you would benefit from medical marijuana, the doctor may

While doctors are prohibited under federal law from writing “prescriptions” for medical marijuana, at least one United States Court of Appeals (covering California, Washington, Oregon, Idaho, Nevada, Arizona, Alaska, Montana, and Hawaii) has ruled that doctors have a First Amendment right to “recommend” marijuana to patients. See Conant v. McCaffrey which can be read in full at: http://www.drugpolicy.org/docUploads/SJ_Order.pdf [PDF].

If your doctor is hesitant to recommend medical marijuana, you can reference this decision to help alleviate the doctor’s concerns.

After obtaining a doctor’s recommendation, you will need to contact the Colorado Department of Public Health and Environment to fill out the necessary paper work to obtain a medical marijuana license.

Contact:
Ms. Debra Tuenge
Medical Marijuana Registry

Colorado Department of Public Health and Environment
HSVR-ADM2-A1
4300 Cherry Creek Drive South
Denver, Colorado 80246-1530
Phone: (303) 692-2184
Email: medical.marijuana@state.co.us or debra.tuenge@state.co.us

  • As part of the application process, you may designate a “primary caregiver.” A primary caregiver is someone with a “significant responsibility” for managing your well-being and is over 18 years of age. As discussed in more detail below, primary caregivers are protected under state law in order to help provide you with medical marijuana.
  • Obtaining a Colorado medical marijuana card costs $110.
  • You will need to have your Medical Marijuana Card renewed and pay the fee every year. You should also annually see your doctor to keep your recommendation current.
  • The Health Department will approve or deny your application within 35 days.
  • If your application is approved, you will be issued a medical marijuana card and your name will be added to the confidential Colorado medical marijuana registry. The registry cannot be accessed by anyone other than law enforcement agencies for the sole purpose of verifying that you are a licensed medical marijuana card holder.
  • If a patient stops suffering from the debilitating medical condition due to being cured or otherwise, the medical marijuana card will no longer be valid.

For more detailed information on becoming a medical marijuana patient or caregiver in Colorado, see the Health Department’s website at: http://www.cdphe.state.co.us/hs/medicalmarijuana/marijuanafactsheet.asp or Americans for Safe Access’ website at http://safeaccessnow.org/article.php?id=1998.

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WHAT IS A “PRIMARY CAREGIVER?” WHAT PROTECTIONS ARE PROVIDED FOR CAREGIVERS?

As noted, potential medical marijuana patients may, as part of their application for a medical marijuana card in Colorado, designate a “primary caregiver” who will have significant responsibility for managing the well-being of the patient using medical marijuana. Caregivers must be at least 18 years of age, but there is no requirement that caregivers have specific medical training or background. Therefore, any person who has significant responsibility for managing the well-being of a patient can be a caregiver.

Caregivers can be designated on the initial application by the patient for a medical marijuana license. To select a caregiver after becoming a state-licensed Patient, the Patient must submit a Change of Address or Caregiver form to the Health Department’s Medical Marijuana Registry at the below address.  The Change of Address or Caregiver form can be printed off here:  

http://www.cdphe.state.co.us/hs/medicalmarijuana/Changeform.pdf

Ms. Debra Tuenge
Medical Marijuana Registry
Colorado Department of Public Health and Environment
HSVR-ADM2-A1
4300 Cherry Creek Drive South

Denver, Colorado 80246-1530
Phone: (303) 692-2184
Email: medical.marijuana@state.co.us or debra.tuenge@state.co.us

Caregivers are entitled to manufacture or possess medical marijuana in order to provide that medicine to the patient. After approval by the Health Department, both the patient and the primary caregiver should be protected from state or local prosecution for possession or cultivation of marijuana that is used solely for the medical purposes within the state guidelines for allowable quantities. However, as discussed below, caregivers and patients remain subject to potential federal prosecution despite the state law allowing for medical marijuana use in Colorado.

The Colorado Health Department previously had an informal policy prohibiting a caregiver from being responsible for more than 5 patients at a time. However, in 2007 Sensible Colorado filed a lawsuit on behalf of a licensed patient who had been denied his choice of caregiver and this informal policy was nullified by the court. Thanks to Sensible Colorado’s efforts in this landmark case, caregivers may now manage the well being of as many patients as they are capable of serving.

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