Cannabis policy of Colorado
The cannabis policy of Colorado refers to cannabis (legal term marijuana) use and possession in Colorado, United States. The Colorado Amendment 64, which was passed by voters on November 6, 2012, led to legalization in January 2014.[1] The policy has led to cannabis tourism.[2] There are two sets of policies in Colorado relating to cannabis use: those for medicinal cannabis and for recreational drug use along with a third set of rules governing hemp.[3]
Contents
Cannabis and Hemp
General regulations for the legal commercial production and vending of marijuana in the state, which continue to be updated by the General Assembly, are published through the Marijuana Enforcement Division of the Department of Revenue[4]
Medical marijuana
On November 7, 2000, 54% of Colorado voters approved Amendment 20, which amended the State Constitution to allow the use of marijuana in the state for approved patients with written medical consent. Under this law, patients may possess up to 2 ounces of medical marijuana and may cultivate no more than six marijuana plants (no more than three of these mature flowering plants at a time). Patients who are caught with more than this in their possession may argue "affirmative defense of medical necessity" but are not protected under state law with the rights of those who stay within the guidelines set forth by the state.[5] Furthermore, doctors, when making a patient recommendation to the state can recommend the rights to possess additional medicine and grow additional plants, because of the patient’s specific medical needs. Conditions recognized for medical marijuana in Colorado include: cachexia; cancer; chronic pain; chronic nervous system disorders; epilepsy and other disorders characterized by seizures; glaucoma; HIV or AIDS; multiple sclerosis and other disorders characterized by muscle spasticity; and nausea. Additionally, patients may not use medical marijuana in public places or in any place where they are in plain view, or in any manner which may endanger others (this includes operating a vehicle or machinery after medicating). Colorado medical marijuana patients cannot fill prescriptions at a pharmacy because under federal law, marijuana is classified as a schedule I drug. Instead, patients may get medicine from a recognized caregiver or a non-state-affiliated club or organization, usually called a dispensary. Dispensaries in Colorado offer a range of marijuana strains with different qualities, as well as various "edibles" or food products that contain marijuana extracts. Certain dispensaries also offer patients seeds and "clones" for those who want to grow their own medicine.[6]
In April 2013, the Colorado Court of Appeals held in Coats v. Dish Network that since marijuana remains against federal law, employers can use that standard rather than state law as a rationale for banning off-the-job worker use, and are not bound by Colorado's Lawful Activities Statute:[7][8][9]
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The primary question before us is whether federally prohibited but state-licensed medical marijuana use is "lawful activity" under section 24-34-402.5, C.R.S. 2012, Colorado's Lawful Activities Statute. If it is, employers in Colorado would be effectively prohibited from discharging an employee for off-the-job use of medical marijuana, regardless that such use was in violation of federal law. We conclude, on reasoning different from the trial court's analysis, that such use is not "lawful activity."
Recreational marijuana
Since the enactment of Colorado Amendment 64 in November 2012, adults aged 21[10] or older can grow up to six marijuana plants (with no more than half being mature flowering plants) privately in a locked space, legally possess all marijuana from the plants they grow (as long as it stays where it was grown),[11] legally possess up to one ounce of marijuana while traveling,[12] and give as a gift up to one ounce to other citizens 21 years of age or older. Any adult in Colorado's territory may possess up to one ounce of marijuana at any time, however non-Colorado residents may only purchase up to one-quarter of an ounce at a time.[13] Consumption is permitted in a manner similar to alcohol, with equivalent offenses proscribed for driving.[14] Consumption in public remains illegal.[15][16][17] Amendment 64 also provides for licensing of cultivation facilities, product manufacturing facilities, testing facilities, and retail stores.[18] Visitors and tourists in Colorado can use and purchase marijuana, but face prosecution if found in possession in any adjacent state. Denver airport has banned all possession of marijuana but admits it has not charged a single person with possession nor has the airport seized any marijuana since the ban went into effect.[19][20]
Governor Hickenlooper signed several bills into law on May 28, 2013 implementing the recommendations of the Task Force on the Implementation of Amendment 64.[21][22][23][24] On September 9, 2013, the Colorado Department of Revenue adopted final regulations for recreational marijuana establishments, implementing the Colorado Retail Marijuana Code (HB 13-1317).[25] On September 16, 2013, the Denver City Council adopted an ordinance for retail marijuana establishments.[26][27] The state prepared for an influx of tourists with extra police officers posted in Denver. Safety fears led to officials seeking to limit use of the drug in popular ski resorts.[28] According to a Quinnipiac University poll released July 21, 2014, Coloradans continued to support the state's legalization of marijuana for recreational use by a margin of 54–43 percent. At the same time, the poll indicated 66 percent of voters there think marijuana use should be legal in private homes and in members-only clubs, but should not be legal in bars, clubs or entertainment venues where alcohol is served. Sixty-one percent of respondents also said laws regulating marijuana use should be as strict as laws regulating alcohol use.[29]
Hemp
Hemp is any form of the cannabis plant which has less than "3/10's of one percent" THC. The state department of agriculture regulates hemp production.[3]
History of legalization effort
Marijuana was first criminalized in Colorado on March 30, 1917.;[30][31] in November 1914 Colorado voters approved the 22nd Amendment to the Colorado Constitution, also known as the Prohibition Amendment, prohibiting alcohol beginning January 1, 1916;[32] and on December 18, 1917 the Eighteenth Amendment (establishing the Prohibition) was proposed by Congress.
During 2014, the first year of implementation of Colorado Amendment 64, Colorado's legal marijuana market (both medical and recreational) reached total sales of $700 million.[33] In September 2014, legislation was submitted by Alabama senator Jeff Sessions to ensure that Electronic Benefit Transfer cards could not be used to purchase marijuana, as the United States Department of Health and Human Services stated that their usage in marijuana shops were not prohibited.[34]
DUI - DWI Criminality
Like other states, driving while impaired by any drug is illegal in Colorado, though it took the legislature six attempts and three years to pass marijuana intoxication measures.[35] Ultimately the legislators decided on a nanogram limit in the bloodstream, though the number they picked was scoffed at by activists.[36] Today Colorado law states that juries may convict a person of marijuana intoxication if they have five or more nanograms of THC per milliliter of blood, but defendants are allowed to argue that they were not intoxicated despite having such levels of THC in their bloodstream.[37]
See also
- Colorado Amendment 44 (2006)
- Colorado Amendment 64 (2012)
- Law of Colorado
- Cannabis Law Reform
- Prohibition of drugs
- Washington Initiative 502
References
- ↑ In Colo., a look at life after marijuana legalization Published by the Boston Globe, February 22, 2016
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- ↑ [1] Archived May 21, 2009 at the Wayback Machine
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- ↑ Coats v. Dish Network, 2013 COA 62 (25 April 2013).
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- ↑ Amendment 64: (3).b
- ↑ Amendment 64: (3).a
- ↑ Amendment 64:(3).a, 64:(3).b, and 64:(3).c
- ↑ Amendment 64:(1).b-III and 64:(6).b
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- ↑ HB 13-1317 Implement Amendment 64 Majority Recommendation; HB 13-1318 Retail Marijuana Taxes; SB 13-283 Implement Amendment 64 Consensus Recommendations; HB 13-1325 Inferences For Marijuana And Driving Offenses; SB 13-250 Drug Sentencing Changes
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