Drug policy of Colorado
Encyclopedia
The U.S. state
of Colorado
has various policies restricting the production, sale, and use of different substances
.
relating to cannabis
use, those for medicinal use and for recreational use
. 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 “medicine” 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 fourth by the state. 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 seizure
s; glaucoma
; HIV
or AIDS
; multiple sclerosis
and other disorders characterized by muscle spasticity; and nausea
. Medical marijuana Patients are still under the scrutiny of federal law
. 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 prescription
s 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. Certain dispensaries also offer patients seeds and “clones” for those who want to grow their own medicine.
Colorado has different laws pertaining to the recreational use of cannabis. Those who are not registered with the state as patients do not have the same rights. Possessing paraphernalia, one ounce or less of marijuana, or giving someone one ounce or less is considered a petty offense in Colorado and is punishable with a $100 fine. Selling any amount of marijuana or possessing more than half a pound (8 ounces) is considered a felony
and is punishable by prison time. The state of Colorado also offers a conditional release program where first time offenders can opt for probation
instead of a trail where after they complete probation successfully, their criminal record
will not show the charges.
Decriminalization also exists in Denver and select other cities where within the city limits, adults 21 and older can possess up to an ounce of marijuana without penalty. This is contingent on the local laws, meaning state
and federal police can still penalize people who participate in this but local police cannot.
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Colorado
Colorado
Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...
has various policies restricting the production, sale, and use of different substances
Controlled substance
A controlled substance is generally a drug or chemical whose manufacture, possession, or use are regulated by a government. This may include illegal drugs and prescription medications ....
.
Cannabis
There are two sets of policies in ColoradoColorado
Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...
relating to cannabis
Cannabis
Cannabis is a genus of flowering plants that includes three putative species, Cannabis sativa, Cannabis indica, and Cannabis ruderalis. These three taxa are indigenous to Central Asia, and South Asia. Cannabis has long been used for fibre , for seed and seed oils, for medicinal purposes, and as a...
use, those for medicinal use and for recreational use
Recreational drug use
Recreational drug use is the use of a drug, usually psychoactive, with the intention of creating or enhancing recreational experience. Such use is controversial, however, often being considered to be also drug abuse, and it is often illegal...
. 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 “medicine” 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 fourth by the state. 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
Cachexia
Cachexia or wasting syndrome is loss of weight, muscle atrophy, fatigue, weakness, and significant loss of appetite in someone who is not actively trying to lose weight...
; cancer
Cancer
Cancer , known medically as a malignant neoplasm, is a large group of different diseases, all involving unregulated cell growth. In cancer, cells divide and grow uncontrollably, forming malignant tumors, and invade nearby parts of the body. The cancer may also spread to more distant parts of the...
; chronic pain
Chronic pain
Chronic pain has several different meanings in medicine. Traditionally, the distinction between acute and chronic pain has relied upon an arbitrary interval of time from onset; the two most commonly used markers being 3 months and 6 months since the initiation of pain, though some theorists and...
; chronic nervous system disorders
Nervous system disease
Nervous system disease refers to a general class of medical conditions affecting the nervous system.They can be divided into:* Central nervous system disease in the CNS* Peripheral neuropathy in the PNS...
; epilepsy
Epilepsy
Epilepsy is a common chronic neurological disorder characterized by seizures. These seizures are transient signs and/or symptoms of abnormal, excessive or hypersynchronous neuronal activity in the brain.About 50 million people worldwide have epilepsy, and nearly two out of every three new cases...
and other disorders characterized by seizure
Seizure
An epileptic seizure, occasionally referred to as a fit, is defined as a transient symptom of "abnormal excessive or synchronous neuronal activity in the brain". The outward effect can be as dramatic as a wild thrashing movement or as mild as a brief loss of awareness...
s; glaucoma
Glaucoma
Glaucoma is an eye disorder in which the optic nerve suffers damage, permanently damaging vision in the affected eye and progressing to complete blindness if untreated. It is often, but not always, associated with increased pressure of the fluid in the eye...
; HIV
HIV
Human immunodeficiency virus is a lentivirus that causes acquired immunodeficiency syndrome , a condition in humans in which progressive failure of the immune system allows life-threatening opportunistic infections and cancers to thrive...
or AIDS
AIDS
Acquired immune deficiency syndrome or acquired immunodeficiency syndrome is a disease of the human immune system caused by the human immunodeficiency virus...
; multiple sclerosis
Multiple sclerosis
Multiple sclerosis is an inflammatory disease in which the fatty myelin sheaths around the axons of the brain and spinal cord are damaged, leading to demyelination and scarring as well as a broad spectrum of signs and symptoms...
and other disorders characterized by muscle spasticity; and nausea
Nausea
Nausea , is a sensation of unease and discomfort in the upper stomach with an involuntary urge to vomit. It often, but not always, precedes vomiting...
. Medical marijuana Patients are still under the scrutiny of federal law
Federal law
Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join together in a federation, surrendering their individual sovereignty and many powers to the central government while...
. 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 prescription
Medical prescription
A prescription is a health-care program implemented by a physician or other medical practitioner in the form of instructions that govern the plan of care for an individual patient. Prescriptions may include orders to be performed by a patient, caretaker, nurse, pharmacist or other therapist....
s at a pharmacy
Pharmacy
Pharmacy is the health profession that links the health sciences with the chemical sciences and it is charged with ensuring the safe and effective use of pharmaceutical drugs...
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
Dispensary
A dispensary is an office in a school, hospital or other organization that dispenses medications and medical supplies. In a traditional dispensary set-up a pharmacist dispenses medication as per prescription or order form....
. Dispensaries in Colorado offer a range of marijuana strains with different qualities, as well as various “edibles” or food products that contain marijuana. Certain dispensaries also offer patients seeds and “clones” for those who want to grow their own medicine.
Colorado has different laws pertaining to the recreational use of cannabis. Those who are not registered with the state as patients do not have the same rights. Possessing paraphernalia, one ounce or less of marijuana, or giving someone one ounce or less is considered a petty offense in Colorado and is punishable with a $100 fine. Selling any amount of marijuana or possessing more than half a pound (8 ounces) is considered a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
and is punishable by prison time. The state of Colorado also offers a conditional release program where first time offenders can opt for probation
Probation
Probation literally means testing of behaviour or abilities. In a legal sense, an offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer...
instead of a trail where after they complete probation successfully, their criminal record
Criminal record
A criminal record is a record of a person's criminal history, generally used by potential employers, lenders etc. to assess his or her trustworthiness. The information included in a criminal record varies between countries and even between jurisdictions within a country...
will not show the charges.
Decriminalization also exists in Denver and select other cities where within the city limits, adults 21 and older can possess up to an ounce of marijuana without penalty. This is contingent on the local laws, meaning state
State police
State police are a type of sub-national territorial police force, particularly in Australia and the United States. Some other countries have analogous police forces, such as the provincial police in some Canadian provinces, while in other places, the same responsibilities are held by national...
and federal police can still penalize people who participate in this but local police cannot.