Colorado

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Ballot Amendment 20 -- Approved Nov. 7, 2000 by 54% of voters
Effective: June 1, 2001
Removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess written documentation from their physician affirming that he or she suffers from a debilitating condition and advising that they "might benefit from the medical use of marijuana." (Patients must possess this documentation prior to an arrest.)
Approved Conditions: Cancer, glaucoma, HIV/AIDS positive, 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. Other conditions are subject to approval by the Colorado Board of Health.
Possession/Cultivation: A patient or a primary caregiver who has been issued a Medical Marijuana Registry identification card may possess no more than two ounces of a usable form of marijuana and not more than six marijuana plants, with three or fewer being mature, flowering plants that are producing a usable form of marijuana.
Patients who do not join the registry or possess greater amounts of marijuana than allowed by law may argue the "affirmative defense of medical necessity" if they are arrested on marijuana charges.
Not Amended

Application information for the Colorado medical marijuana registry is available by mail, phone, email, and online:
Medical Marijuana Registry
Colorado Department of Public Health and Environment
HSVR-ADM2-A1
4300 Cherry Creek Drive South
Denver, CO 80246-1530
Phone: 303-692-2184
medical.marijuana@state.co.us
Medical Marijuana Registry
Fee:
$90

Source: http://medicalmarijuana.procon.org/viewresource.asp?resourceID=881#Colorado

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Colorado State Penalties
conditional decriminalized medical
Incarceration
Fine
Possession
1 oz or less petty offense none $100
1 oz or less - failure to appear misdemeanor 6 months $500
Display or use in public misdemeanor
15 days
additional none
1 to 8 oz misdemeanor 6 - 18 months $500 - $5,000 ($600 surcharge)
More than 8 oz felony 1 -3 years
$1,000 - $100,000 ($1,125
surcharge)
Subsequent convictions over 1 oz could double penalties.
Medical use permitted with no more than 2 oz, or 6 plants, physician recommendation and state registration.
16 - 48 hours community service required with diverted prison sentence.
Sale or Cultivation
Less than 1 oz (without payment) petty offense none $100
Any amount (with payment) felony 2 - 6 years
$2,000 - $500,000 ($1,500
surcharge)
Transport more than 100 lbs felony 8 - 24 years $5, 000 - $1,000,000
Transfer to a minor felony 2 - 6 years $2,000 - $500,000
Sale within 1,000 feet of school or public
housing felony 8 - 24 years $10,000 - $1,000,000

Miscellaneous

(paraphernalia, license suspensions, drug tax stamps, etc...)

Paraphernalia possession or sale petty offense none $100

Any felony conviction causes driver's license suspension for 1 year.
Details
Possession of one ounce or less of marijuana is a petty offense. The offender receives a summons to appear in court, and
upon a promise to appear in court, the offender is to be released from detention. The maximum penalty for a violation is
$100. Failure to appear at the specified time and location results in the increase of the charges to a misdemeanor.
Displaying or using the marijuana in public results in the added penalty of up to 15 days in jail. Possession of greater than
one ounce is a misdemeanor, punishable by 6-18 months in jail and a fine of $500 - $5,000, plus a $600 surcharge.
Possession of greater than 8 ounces of marijuana is a felony, punishable by 1 - 3 years in prison and a fine of $1,000 -
$100,000 and a surcharge of $1,125. Generally, subsequent convictions of possession of over one ounce double the
possible penalties.
Transfer of less than one ounce of marijuana for no consideration is considered possession and is punished as such. Any
other transfer, sale, manufacture or cultivation is a felony, punishable by 2 – 4 years in prison and a fine of $2,000 -
$500,000 and a $1,500 surcharge. Any transport of greater than 100 lbs. is punishable by 8 – 24 years in prison and a fine
of $5,000 - $1,000,000. Any transfer to a minor is also a felony punishable by 2 – 4 years in prison and a fine of $2,000 -
$500,000. Any sale within 1000 feet of a school or public housing area increases the penalties to 8 – 24 years in prison
and a fine of $10,000 to $1,000,000.
Patients who possess written documentation from their physician recommending the use of marijuana and are registered
with the state and issued an identification card may legally possess no more than two ounces of marijuana or no more than
six marijuana plants. Any convictions for drug offenses that involve diversion from the prison system require a mandatory 16 - 48 hours of
community service.
Any felony convictions involving possession or sale of marijuana also result in the suspension of the offender's driver's
license for a period of up to one year.
Possession or sale of paraphernalia is a petty offense punishable by a fine of up to $100.
Conditional release:

The state allows conditional release or alternative or diversion sentencing for people

facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After

successfully completing probation, the individual's criminal record does not reflect the charge.
Decriminalization:

The state has decriminalized marijuana to some degree. Typically, decriminalization

means no prison time or criminal record for first-time possession of a small amount for personal consumption.

The conduct is treated like a minor traffic violation.
Medical marijuana:

This state has medical marijuana laws enacted. Modern research suggests that

cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief,

nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and
emerging research suggests that marijuana's medicinal properties may protect the body against some types of
malignant tumors, and are neuroprotective. For more information see NORML's Medical Marijuana section.
About this Report
NORML's State Guide to Marijuana Penalties outlines most penalties for prohibited marijuana conduct in the
50 states, the District of Columbia, and under federal law. To view the list of prohibited conduct and penalties,
click the map icon to the left to find your jurisdiction.
Marijuana laws and penalties change rapidly and are enforced and interpreted differently even in the same
legal jurisdiction. Please consult a criminal defense lawyer if you have been busted or if you want to know how
a particular conduct might be punished. If you spot an error or have information that should be included in
NORML's State Guide to Marijuana Penalties, please inform the NORML Foundation (foundation@norml.org).
Please note:

The guide does not list penalties for every marijuana offense nor every enhanced sentence such as

possessing marijuana near a school, involving a minor, and automatic driver's or professional license

suspension. Your state may require an enhanced sentence even if the enhancement is not in the guide.

Unless otherwise specified, please assume that listed penalties apply only to first convictions. Prior

convictions often place a defendant in a higher penalty range, and convictions while on probation for a

previous offense may result in revocation of probation.

Except where indicated otherwise, a listed fine is the maximum fine for the conviction and the

minimum fine is zero.

"Possession" usually means "possessing marijuana only for personal use". If the government accuses

you of possessing marijuana for other reasons, the accompanying penalties will probably exceed

those for possessing marijuana for personal use. Possessing large amounts of marijuana frequently
results in more serious charges of "possession with intent to distribute" , "trafficking", and/or "sale".

Many factors contribute to a defendant's sentence. Factors include level of involvement in the

prohibited conduct, location, age, presence or absence of minors, use or presence of weapons,

conduct for which a person has been acquitted, and many other things.

If you are in trouble, please know your rights and hire an attorney.

Warning: The information contained in this report is for informational purposes only. Individuals are

encouraged to confirm their state's laws before engaging in any particular behavior, or before going to court

without a lawyer.

Source: Colorado - NORML

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Finding a Doctor

Finding a doctor is the first and most important step in becoming a legal medical marijuana patient. ASA feels the safest and most responsible thing to do is to talk with your current doctor about medical marijuana. However, we understand that many doctors are unfamiliar with the medicine or are afraid of getting in trouble; and that health insurance is a luxury in the United States, so many patients do not have a regular doctor.
Talking with your current doctor
Be forthright with your doctor. There is nothing wrong with using medical marijuana or discussing it with your doctor. A federal court (9th Circuit) has ruled that, under the First Amendment, doctors may not be punished for recommending medical marijuana.
Ask for a written recommendation. Although an oral one is acceptable, it is difficult to verify. A written recommendation is much more helpful in defending oneself against criminal charges. Here is a sample doctor's recommendation and here is the form used by San Francisco Department of Health Services.
Be prepared to tell your doctor specifically what condition or symptoms you treat with marijuana. Honestly describe the amount of marijuana you use, how often, and by what delivery method.
When recommending quantities of marijuana for medicinal use, doctors may recommend a certain amount based on your need and experience with what works. If this amount is above the state minimum or local guidelines, doctors do not need to specify an amount; they only need to recommend that a patient requires more than the guideline amount for that jurisdiction to meet their medical need.
If your doctor will not issue a recommendation, you may want to visit a medical marijuana specialist.
If your doctor is completely unfamiliar with medical marijuana, she will be hesitant to recommend it, so bring documentation to support your argument. Our Condition-based Booklets or other research will be persuasive.

Source: ASA*:*Finding a Doctor
Main Site: ASA*:*Advancing Legal Medical Marijuana Therapeutics and Research