Colorado Marijuana Law Library
General Colorado Legal Resources
Colorado Marijuana and Hemp Regulation Act (Amendment
64)
A64 Constitutional Amendment
Colorado
Constitution: Article XVIII, Section 16
Passed as a Colorado ballot initiative as "Amendment 64"
in 2012. Allows personal possession of marijuana up to one ounce
by adults 21 years and older. Allows personal cultivation of 6 plants,
with no more than 3 flowering. Defines industrial hemp as 0.3% THC.
Agencies
Colorado
State Amendment 64 Implementation Task Force: This group of
people made recommendations to the General Assembly on how Am. 64
should be implemented. Read
the 100 pages of recommendations here.
Department
of Revenue Marijuana Enforcement Division (MED): The DOR MED
is being created out of the Medical Marijuana Enforcment Division
(MMED). The MED will be responsible for promulgating rules and regulations
regarding all marijuana in Colorado.
Colorado Medical Marijuana Act (Amendment
20)
A20 Constitutional Amendment
Colorado
Constitution: Article XVIII, Section 14
Passed as Colorado ballot initiative as "Amendment 20"
in 2000. Offers exceptions to criminal laws for medical marijuana
users who have been diagnosed with a debilitating medical condition.
- Statutes and Rules
- Article
43.3 of Title 12 of the Colorado Revised Statutes (House
Bill 10-1284) went into effect on July 1, 2010. It is known
as the Colorado Medical Marijuana Code.
- HB10-1284:
Medical Marijuana "Center" Regulations, 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)
- DOR
Rules: 77 pages of regulations that medical marijuana
centers, infused product manufacturers and marijuana growers
must file to be compliant with the medical marijuana program.
(January 2011)
- Current
DOR MMJ rules and statements of position
Medical Marijuana Agencies
- Department
of Revenue Medical Marijuana Enforcement Division (MMED):
The DOR MMED is responsible for promulgating rules and regulations
regarding commercial medical marijuana businesses in Colorado.
The MMED is in the process of converting to the MED to include
coverage of personal marijuana use for adults allowed under Am.
64. The MED will govern both medical and personal use programs.
- Department
of Public Heatlh and Environment (CDPHE): The CDPHE implements
the medical marijuana program.
- Colorado
Board of Health: This Board is responsible for promulgating
rules and regulations regarding the confidential registry required
by the medical marijuana program.
Miscellaneous Medical Marijuana Legal Issues
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: Ogden
Memo
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 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
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.
Other Marijuana Legal Resources
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