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Colorado Medical Marijuana

Colorado Department of Public Health & Environment – Medical Marijuana Registry

Constitution: Colorado Constitution Article XVIII PDF

Colorado Revised Statutes 18-18-406.3:: Medical use of marijuana by persons diagnosed with debilitating medical conditions — unlawful acts — penalty — medical marijuana program cash fund.

Colorado Revised Statute 25-1.5-106: Medical marijuana program — powers and duties of department.

Medical Use of Marijuana - Regulations

Colorado does not have any limit on the number of plants a cultivator can grow. The Colorado Department of Revenue license fee schedule PDF as of December 28, 2016, goes up to 13,800 plants and then adds an additional fee for each increment of 3,600 plants above that number.

Just for reference, here is the federal penalty for 1,000 or more marijuana plants
$10/50 million — 10 years to life in prison — 21 U.S.C. § 841(b)(1)(A)(vii) (2016)

Federal Penalties

21 U.S.C. § 841(b)(1)(A)(vii)
1000 kilograms (2204.62 pounds / 1.10231 tons) or more of a mixture or substance containing a detectable amount of marihuana, or 1,000 or more marihuana plants regardless of weight
$10/50 million — 10 years to life in prison

21 U.S.C. § 841(b)(1)(B)(vii)
100 kilograms (220.462 pounds / 0.110231 tons) or more of a mixture or substance containing a detectable amount of marihuana, or 100 or more marihuana plants regardless of weight
$5/25 million — 5 to 40 years in prison

21 U.S.C. § 841(b)(1)(C)
50 to 99 kilograms or 50 to 99 plants
$1/5 million — up to 20 years in prison

21 U.S.C. § 841(b)(1)(D)
less than 50 kilograms of marihuana, except in the case of 50 or more marihuana plants regardless of weight, 10 kilograms of hashish, or one kilogram of hashish oil,
$250,000/$1 million — up to 5 years in prison

21 U.S.C. § 844

Any person who violates this subsection may be sentenced to a term of imprisonment of not more than 1 year, and shall be fined a minimum of $1,000, or both,

except that if he commits such offense after a prior conviction under this subchapter or subchapter II of this chapter, or a prior conviction for any drug, narcotic, or chemical offense chargeable under the law of any State, has become final, he shall be sentenced to a term of imprisonment for not less than 15 days but not more than 2 years, and shall be fined a minimum of $2,500,L

except, further, that if he commits such offense after two or more prior convictions under this subchapter or subchapter II of this chapter, or two or more prior convictions for any drug, narcotic, or chemical offense chargeable under the law of any State, or a combination of two or more such offenses have become final, he shall be sentenced to a term of imprisonment for not less than 90 days but not more than 3 years, and shall be fined a minimum of $5,000.

21 U.S.C. § 844a

(a) In general Any individual who knowingly possesses a controlled substance that is listed in section 841(b)(1)(A) of this title in violation of section 844 of this title in an amount that, as specified by regulation of the Attorney General, is a personal use amount shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each such violation.

(b) Income and net assets The income and net assets of an individual shall not be relevant to the determination whether to assess a civil penalty under this section or to prosecute the individual criminally. However, in determining the amount of a penalty under this section, the income and net assets of an individual shall be considered.

(c) Prior conviction A civil penalty may not be assessed under this section if the individual previously was convicted of a Federal or State offense relating to a controlled substance.

(d) Limitation on number of assessments A civil penalty may not be assessed on an individual under this section on more than two separate occasions.

(e) Assessment A civil penalty under this section may be assessed by the Attorney General only by an order made on the record after opportunity for a hearing in accordance with section 554 of title 5. The Attorney General shall provide written notice to the individual who is the subject of the proposed order informing the individual of the opportunity to receive such a hearing with respect to the proposed order. The hearing may be held only if the individual makes a request for the hearing before the expiration of the 30-day period beginning on the date such notice is issued.

Colorado Industrial Hemp

Colo. Rev. Stat. §§ 35-61-101 to 35-61-109 (2016)

  • Allows hemp cultivation for commercial and research purposes to be overseen by the Industrial Hemp Committee under the Department of Agriculture.
  • Establishes a seed certification program.
  • Establishes a grant program for state institutions of higher education to research new hemp seed varieties.

Colorado Marijuana Classification

Colorado
Does Colorado have scheduling criteria? Yes
Are Colorado and federal criteria the same? Yes
Code citation of the schedules (see below)
Colorado Revised Statutes §§ 18-18-203 to 18-18-207 (2015)
Is marijuana listed in a schedule? No
Is scheduling by statute or administrative rule? Legislative
Is there an administrative process? No
How many schedules are there? 5
What schedule is marijuana in? None
When was marijuana criminalized? March 30, 1917

1917 Colorado Acts Chapter 39 PDF

1917 Colorado Acts Chapter 66 PDF

1927 Colorado Acts Chapter 95 PDF

1929 Colorado Acts Chapter 93 PDF

1935 Colorado Acts Chapter 107 PDF

1981 Colorado Acts Chapter 128 PDF

1992 Colorado Acts Chapter 71 PDF

2000 Colorado Amendment 20 PDF

2010 Colorado Acts Chapter 355 PDF

Colorado Department of Revenue - November 7, 2012 PDF

Letter from U.S. Attorney to Attorney General Suthers - January 12, 2012 PDF

Letter from Department of Revenue to DEA - December 22, 2011 PDF

Letter from U.S. Attorney to Attorney General Suthers - April 26, 2011 PDF

Signed by the Governor of Colorado on June 7, 2010 - HB1284 PDF

Title 12, Colorado Revised Statutes, is amended by the addition of a new article to read:
ARTICLE 43.3
Medical Marijuana
PART 2
STATE LICENSING AUTHORITY
12-43.3-202. Powers and duties of state licensing authority - repeal. (1) THE STATE LICENSING AUTHORITY SHALL:
(g) IN RECOGNITION OF THE POTENTIAL MEDICINAL VALUE OF MEDICAL MARIJUANA, MAKE A REQUEST BY JANUARY 1, 2012, TO THE FEDERAL DRUG ENFORCEMENT ADMINISTRATION TO CONSIDER RESCHEDULING, FOR PHARMACEUTICAL PURPOSES, MEDICAL MARIJUANA FROM A SCHEDULE I CONTROLLED SUBSTANCE TO A SCHEDULE II CONTROLLED SUBSTANCE.
See page 9 of HB1284

Signed by the Governor of Colorado on June 7, 2010 - S109 PDF