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COLORADO LAW Amendment 20:
0-4-287 – ARTICLE XVIII – Miscellaneous Art. XVIII – Miscellaneous
0-4-287 – ARTICLE XVIII – Miscellaneous Art. 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, 1999. 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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