Medical Marijuana: What the Colorado Constitution actually says

Colorado is in a dangerous place as politicians, under the guise of regulating medical marijuana, attempt to liberalize the current law. A constitutional amendment passed in 2000 allows medical marijuana to be used in closely controlled situations by a limited group of people.

Colorado voters rejected the legalization of marijuana in 2006 by 60-40 percent. Many politicians are now trying to subvert the will of the people. As dispensaries have exploded across Colorado, some politicians act as if they are trying to fix the problem but what they are doing will essentially legalize marijuana and is in no way listening to what people actually voted for in 2000.

One of the primary reasons for the explosion of marijuana dealers opening up shop in our neighborhoods is that in a lawless act, US Attorney General, Eric Holder, announced in February of 2009 that the Obama administration will no longer enforce Federal laws regarding marijuana in states that have medical marijuana laws.

Here is what the Colorado Constitution actually says about Medical Marijuana:

The first requirement is that the recipient has a debilitating medical condition. Stated examples are cancer, glaucoma and HIV. Also included is a chronic or debilitating disease or medical condition, or treatment for such conditions, which produces symptoms such as severe pain, nausea, seizures, spasms, etc. The mere claim of pain is not enough. A condition producing the pain must be clinically diagnosed.

When the people voted for medical marijuana did they really envision the 20-year old holding his back, telling the dope doctor that he “really, really hurts” and wink, wink, and the man in the white coat writes the referral? 90% of current registrants claim pain as the reason for application. Just five doctors in Colorado have authorized 49 percent of all recommendations.

Once a person has received a doctor’s recommendation for medical marijuana, they cannot legally possess marijuana until they receive their registry identification card unless 35 days have passed since they sent in their application and they have proof of mailing.

The law allows for a primary caregiver. The Colorado Court of Appeals has ruled that “to qualify as a ‘primary care-giver’ a person must do more to manage the well-being of a patient … than merely supply marijuana.” They went on to say that “the ‘significant responsibility’ contemplated … involves more than being accountable for just one aspect of a patient’s well-being … but also requires managing a patient’s well-being. The Colorado Supreme Court has interpreted ‘manage’ to mean ‘to direct, control, govern, administer, oversee.’”

The law also requires that the caregiver be designated in writing and the caregiver can only act in that capacity after such designation. If a patient changes caregivers then the same process must be followed within ten days. This prohibits using multiple caregivers.

A patient and caregiver, if there is one designated, may only possess collectively up to two ounces of a usable form of marijuana and no more than six marijuana plants, with three or fewer being mature. This prohibits wholesale growing operations and also prohibits a caregiver from possessing marijuana until designated by a specific patient. Almost all dispensaries as they are now operating are illegal under these requirements.

The 2000 amendment to our Constitution is being used by drug legalization advocates and politicians to pull the wool over our eyes. The dispensaries we see springing up in our neighborhoods do not fit the spirit of the law. There are more dispensaries in Denver alone than there are Starbucks in all of Colorado. At the beginning of 2009, after being in effect for 9 years, there were about 2000 registered medical marijuana users in Colorado. Thanks to the Obama administration’s action, it is now estimated that we will soon have 60,000.

We do not have to settle for the fix that many politicians are proposing. Contact your legislators and demand that they legislate according to the amendment and not liberalize marijuana laws.

The amendment approved in 2000 is Article XVIII Section 14 of the Colorado Constitution.
Access here.

The Colorado Court of Appeals decision cited is No. 08CA0624 announced October 29, 2009.
Access here.

Philip Faustin was a heavy user and seller of marijuana in the early 70’s and knows firsthand the effects and dangers of this powerful drug.