Colorado Cannabis Medical Marijuana Business Directory

Cannabis Therapy Institute: Medical Marijuana in Colorado

Home | Cannabis Classes | THC-DUI Bills
Web Shop | Cannabis Business Directory
Cannabis Law Library | Medical Research
Patients | Policymakers | Contact Colo. State Legislature
Donations and Sponsorships | About Us
FREE NEWSLETTER

Colorado Marijuana Law Library

General Colorado Legal Resources | Colorado Marijuana Law | Colorado Medical Marijuana Law | Federal Marijuana Law | Colorado District Court | Colorado Appellate Cases | Colorado Jury Verdicts | Other Marijuana Legal Resources

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


Cannabis Therapy Institute
Phone: 877-420-4205
Web: www.cannabistherapyinstitute.com
Email: info@cannabistherapyinstitute.com


 

 

 

 

 

Cannabis Hemp Academy - Online Medical Marijuana Courses

Colorado Cannabis Medical Marijuana Newsletter