Difference between revisions of "Drug policy of Colorado"

Latest revision as of 03:15, 3 March 2015

The U.S. state of Colorado has various policies restricting the production, sale, and use of different substances.

Cannabis

There are two sets of policies in Colorado relating to cannabis use, those for medicinal use and for recreational use.

Recreational

Since the enactment of Colorado Amendment 64 in November 2012, adults aged 21 or older can grow up to six cannabis plants (with no more than half being mature flowering plants) privately in a locked space, legally possess all cannabis from the plants they grow (as long as it stays where it was grown), legally possess up to one ounce of cannabis while traveling, and give as a gift up to one ounce to other citizens 21 years of age or older. Consumption is permitted in a manner similar to alcohol, with equivalent offenses proscribed for driving. Consumption in public remains illegal. Amendment 64 also provides for licensing of cultivation facilities, product manufacturing facilities, testing facilities, and retail stores. Visitors and tourists in Colorado can use and purchase marijuana, but can not take it out of the state, and it is prohibited at Denver International Airport.

Governor Hickenlooper signed several bills into law on May 28, 2013 implementing the recommendations of the Task Force on the Implementation of Amendment 64. 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). On September 16, 2013, the Denver City Council adopted an ordinance for retail marijuana establishments.

The first stores officially opened on January 1, 2014. 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. 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.

Medical

On November 7, 2000, 54% of Colorado voters approved Amendment 20, which amended the State Constitution to allow the use of cannabis in the state for approved patients with written medical consent. Under this law, patients may possess up to 2 ounces of medicinal cannabis and may cultivate no more than six cannabis 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.[20] 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 cannabis 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. Medical cannabis patients are no longer under the scrutiny of federal law, as it has adapted to allow for medical marijuana use in states where this is legalized. Additionally, patients may not use medical cannabis 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 cannabis patients cannot fill prescriptions at a pharmacy because under federal law, cannabis 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 cannabis strains with different qualities, as well as various “edibles” or food products that contain cannabis. Certain dispensaries also offer patients seeds and “clones” for those who want to grow their own medicine.

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:

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."

DUID/DWAI

Like all other states, driving under the influence of marijuana (or DUID) is illegal in Colorado. But unlike other states, Colorado law does not designate a standalone charge for DUID; rather, the offense is divided into the general offenses of driving under the influence (DUI) or driving while ability impaired (DWAI).

History

Cannabis was first criminalized in Colorado on March 30, 1917. For context, exactly one week later on April 6, 1917 the United States declared war on Germany; 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; 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. 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.

See also

• Cannabis Law Reform