Colorado

Medical Marijuana

2010 Act No. 355
Colorado Medical Marijuana Code
EFFECTIVE DATE: June 7, 2010

2000 Amendment 20
Medical Use of Marijuana
EFFECTIVE DATE: November 7, 2000

Colorado does not have any limit on the number of plants a cultivator can grow. The Colorado Department of Revenue license fee schedule 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.

Coats v. Dish Network, 350 P.3d 849, 850 (Colorado 2015)

“Therefore, an activity such as medical marijuana use that is unlawful under federal law is not a ‘lawful’ activity under section 24-34-402.5”

People v. Crouse, 388 P.3d 39, 43 (Colorado 2017)

“Consistent with our holding in Coats, then, we again find that conduct is ‘lawful’ only if it complies with both federal and state law.”

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)

Legalization

Colo. Const. art. XVIII § 16 (2017)

Colo. Rev. Stat. §§ 12-43.4-101 to 12-43.4-1101 (2017)

2012 Amendment 64
Legalization of Marijuana
EFFECTIVE DATE: November 6, 2012

Industrial Hemp

Colo. Rev. Stat. §§ 35-61-101 to 35-61-109 (2017)

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.

2013 Act No. 342
Industrial Hemp Regulatory Program
EFFECTIVE DATE: May 28, 2013

2014 Act No. 315
Oversight of the Industrial Hemp Program
EFFECTIVE DATE: May 31, 2014

2017 Act No. 79
Applications for Registrations to Cultivate Industrial Hemp
EFFECTIVE DATE: March 23, 2017

Colorado Department of Revenue - November 7, 2012

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

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

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

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

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

History

1917 Act No. 39
To declare unlawful the planting, cultivating, harvesting, drying, curing, or preparation for sale or gift of cannabis sativa
EFFECTIVE DATE: March 30, 1917

1917 Act No. 66
Adding cannabis indica to treatment of opium and coca abuse
EFFECTIVE DATE: April 17, 1917

1927 Act No. 95
Providing an exception for the medical use of cannabis indica
EFFECTIVE DATE: March 21, 1927

1929 Act No. 93
First conviction for marijuana a misdemeanor, second and subsequent conviction a felony
EFFECTIVE DATE: April 18, 1929

1935 Colorado Acts Chapter 107
Narcotic Drugs Act
EFFECTIVE DATE: March 16, 1935

1981 Colorado Acts Chapter 128
Colorado Controlled Substances Act
EFFECTIVE DATE: June 19, 1981

1992 Colorado Acts Chapter 71
Uniform Controlled Substances Act
EFFECTIVE DATE: June 2, 1992

Resources

Page last updated on December 31, 2017