* posted at: http://www.cannacenters.com/co/medicine

Colorado doctors have the legal ability to recommend medical cannabis for patients who suffer from debilitating medical symptoms or conditions that research has shown medical cannabis to be effective in treating. Debilitating medical conditions include:

• Cancer
• HIV
• Cachexia or Wasting Syndrome
• Epilepsy
• Glaucoma
• Multiple Sclerosis (MS)
• Muscle Spasms
• Severe chronic pain
• Severe nausea

Physiological Effects of Medical Marijuana

You can expect Medical Marijuana to have some or all of the following medical effects:

Neurological (Brain, Nerves, Nervous System)

• Relaxation and/or Drowsiness
• Pain Relief (works synergistically with other pain medications and is especially effective at reducing pain caused by nerve damage and migraine headaches)
• Euphoria
• Intensified sensations
• Side-effects can include panic, sadness, poor judgement, difficulty concentrating, impaired memory, and decreased coordination.

Respiratory (Lungs, Airways)

• Bronchodilator
• Side-effects can include airway irritation. Cannabis smoke can include tar, carbon monoxide, acids, aldehydes, pyrobenzenes and other chemicals.

Circulatory (Heart, Arteries, Veins)

• Mild decrease in blood pressure during use
• Mild decrease in overall blood pressure with long term use
• Side-effects can include a temporary increase in heart rate.

Optical (Eyes)

• Lowers pressure in eyes (effective for glaucoma)
• Side-effects can include dry eyes and reddening of whites of eyes.

Muscular-skeletal (Muscles, Bones, Joints)

• Reduces muscle spasms, spasticity, tics and tremors
• Treats ataxia, loss of gross muscle coordination (effective for MS)
• May have anti-seizure effects
• Decreases inflammation of joints
• Side-effects can include decreased coordination.

Digestive (Stomach, Small and Large Intestines)

• Reduces intestinal muscle spasms
• Stimulates appetite
• Decreases nausea and vomiting (effective for chemotherapy)
• Decreases inflammation

Immune System

• Suppresses inflammation
• Side-effects can include lowering resistance and immunity to infections.

Side-Effects of Long-Term Use

• Mood disturbance (depression, apathy, social isolation)
• Discontinuing use may result in withdrawal symptoms including irritability, insomnia, mood swings and depression that can last one to two weeks.
• You can avoid these long term side-effects by abstaining from Cannabis use for one to two weeks during every 3 months.

Medical marijuana is simply a natural option for patients who choose to use it rather than rely on prescription pills or other pharmaceutical drugs.  Now that Medical Marijuan is hitting the Main Stream and Legalization  and acceptance is growing from state to state, its more important than ever to not only know the laws, but also to learn and understand this amazing plant. We will be adding to our resource library over the comming weeks, but below is some general information that everyone should know.
There are two basic types of genetic building blocks for marijuana  indica and sativa:

SATIVA

+ Activating
+ Anti-Anxiety
+ Anti-Depressant
+ Treats Chronic Pain
+ Increases Focus
+ Increases Creativity
+ Increases Serotonin
+ For Day Time Use

Most street pot is typically of the Sativa variety, and is what is responsible for the feeling of getting a person high. Sativas stimulate the neurotransmitter serotonin which acts in the central nervous system and is responsible for mood, appetite, sexual function (a Sativa can provide delayed, and extended orgasms), flight and responses, etc.

By increasing serotonin levels is what causes all of the above effects, as well as the euphoric feeling of being high. Also, if you are on an SSRI antidepressant or consuming supplements such as HTP-5 or Sam-e consult your doctor before using Marijuana for these drugs and supplements can intensify the effects of Marijuana.

INDICA

- Sedating
- Relaxing
- Muscle Relaxant
- Decreases Nausea
+ Treats Acute Pain
+ Increases Appetite
+ Increases Dopamine
- For Night Time Use

An Indica is what is responsible for getting a person stoned and they are the pride and joy of the medical marijuana community, for they truly serve those who are actually sick. This is the Marijuana that reduces nausea for cancer patients, and stimulates appetite the munchies. The THC in Marijuana has even been found to reduce intraocular pressure for Glaucoma patients. Medical Marijuana users can even balance out an Indica with a Sativa so can stay awake, smoke more if needed, and experience the benefits of being both high and stoned at the same time, which brings us to hybrids.

Hybrid Strains of Marijuana

If you are somewhat familiar with pot, and all the names that are given to different strains they typically reference whether the strain will get a person high, stoned  or both. The names also sometimes reference where it is from, or what kind of smell, taste, and/or consistency the strain has. Occasionally some strain names just make no sense at all, but most of the time they actually do mean something.

My favorite strain for example is named Shiva Skunk, it is an Indica dominant hybrid that has about 60-80% Indica, and 40-20% Sativa. It has a very heavy skunk like smell which is common of an Indica, and works great for treatin IBS, depression, acute and chronic pain, and Generalized Anxiety Disorder. It has just enough Sativa to give you the anti-anxiety effects, but a slightly higher amount of Indica to help relax me, and relieve pain.

There is no exact way of knowing the breakdown of Sativa vs. Indica in a strain other than to learn the differences in smell, texture, color, consistency, and how you react to each strain. It is a good idea to try several different strains to see which ones treat your ailments the best with the least amount of unwanted side effects.

Not all strains are created equal, and many of them simply are not very good. Typically the weaker the strain is the less it costs. The good strains are well worth the extra cost, and a good hybrid will ensure that you get the benefits of both kinds of Marijuana at the same time in a single plant.

Getting The Most From Medical Marijuana

Marijuana is expensive, and like any substance the good stuff costs more.

Use a grinder. By grinding Medical Marijuana it exposes more edges of the plant and supposedly increases how much THC you can get out of it, and it enables you to pack Marijuana more efficiently.

The least effective and most harmful way of smoking pot is by using a pipe.

Smoking a joint can get you high or stoned the fastest, but are considerably harmful to your lungs, and tend to waste the most pot as they burn quickly, and the roaches usually have smokable Marijuana that just gets thrown away.

A Water Pipe or Bong is one of the more effective cleaner ways to smoke, and provides for the best taste.

To get the most bang for your buck, and to protect ones self from the harmful elements of smoking I highly recommend investing in a vaporizer. A vaporizer works on the principle that it heats up the Medical Marijuana to the point where the THC / Cannabinoids separate from the plant and are able to be inhaled without actually burning the rest of the plant or using fire in anyway. This ensures that what you are inhaling is simply the key ingredients that actually get you high or stoned without inhaling harmful byproduct caused by combustion.

If you do not want to smoke or vaporize you can also ingest Medical Marijuana by cooking it into baked goods, or use Marijuana tinctures. Marijuana tinctures are a liquid that you spray under your tongue that then gets absorbed into the blood stream.

Health and Environmental Information and Statistics Division

5 CCR 1006-2
(Promulgated by the State Board of Health)
Last amended 05/16/07 (Regulation 7), effective 07/30/07
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
Health and Environmental Information and Statistics Division
MEDICAL USE OF MARIJUANA
5 CCR 1006-2

Regulation 1: Establishment and confidentiality of the registry for the medical use of marijuana

A. The Colorado Department of Public Health and Environment (the department ) shall create and maintain a confidential registry (the registry ) of patients who have applied for and are entitled to receive a registry identification card. All personal medical records and personal identifying information held by the department in compliance with these regulations shall be confidential information. No person shall be permitted to gain access to any information about patients in this registry, or any information otherwise maintained in the registry by the department about physicians and primary care-givers of patients in the registry, except for authorized employees of the department in the course of their official duties and authorized employees of state and local law enforcement agencies which have stopped or arrested a person who claims to be engaged in the medical use of marijuana and in possession of a registry identification card issued pursuant to regulations two and three. The department may release information concerning a specific patient to that patient with the written authorization of such patient.
B. Any officer or employee or agent of the department who violates this regulation by releasing or making public confidential information in the registry shall be subject to any existing statutory penalties for a breach of confidentiality of the registry.
Regulation 2: Application for a registry identification card
A. An adult applicant is defined as a patient eighteen years of age or older. A minor applicant is defined as a patient less than eighteen years of age.
B. In order to be placed in the registry and to receive a registry identification card, an adult applicant must reside in Colorado and submit an application form supplied by the department. The adult applicant must provide the following information with the application:
i) The applicants name, address, date of birth, and social security number;
ii) The name and address of the applicants primary care-giver, if one is designated at the time of application;
iii) Written documentation from the applicants physician that the applicant has been diagnosed with a debilitating medical condition as defined in regulation six and the physicians conclusion that the applicant might benefit from the medical use of marijuana; and
iv) The name, address, and telephone number of the physician who has concluded the applicant might benefit from the medical use of marijuana.
C. In order for a minor applicant to be placed in the registry and to receive a registry identification card, the minor applicant must reside in Colorado and a parent residing in Colorado must consent in writing to serve as the minor applicants primary care-giver. Such parent must submit an application form supplied by the department. The parent of the minor applicant must provide the following information with the application:
i) The applicants name, address, date of birth, and social security number,
ii) Written documentation from two of the applicants physicians that the applicant has been diagnosed with a debilitating medical condition as defined in regulation six and each physicians conclusion that the applicant might benefit from the medical use of marijuana;
iii) The name, address, and telephone number of the two physicians who have concluded the applicant might benefit from the medical use of marijuana;
iv) Consent from each of the applicants parents residing in Colorado that the applicant may engage in the medical use of marijuana; and
v) Documentation that one of the physicians referred to in (iii) has explained the possible risks and benefits of medical use of marijuana to the applicant and each of the applicants parents residing in Colorado.
D. To maintain an effective registry identification card, a patient must annually resubmit to the department, at least thirty days prior to the expiration date, updated written documentation of the information required in paragraphs B and C of this regulation. In addition, the patient must provide the name and address of the primary care-giver, if any is designated at such time.
Regulation 3: Verification of medical information; issuance, denial, revocation, and form of registry identification cards
A. The department shall verify medical information contained in the patients application within thirty days of receiving the application. Verification of medical information shall consist of determining that there is documentation stating the applicant has a current diagnosis with a debilitating medical condition as defined in regulation six by a physician who has a current license to practice medicine issued by the State of Colorado.
B. No more than five days after verifying medical information of the applicant, the department shall issue a serially numbered registry identification care to the patient. The card shall state the following:
i) The patients name, address, date of birth, and social security number;
ii) That the patients name has been certified to the department as a person with a debilitating medical condition, whereby the person may address such condition with the medical use of marijuana;
iii) The date of issuance of such card and the date of expiration, which shall be one year from the date of issuance;
iv) The name and address of the patients primary care-giver, if any is designated at the time of application;
v) How to notify the department of any change in name, address, medical status, physician, or primary care-giver.
C. Except for minor applicants, where the department fails within thirty-five days of receipt of application to issue a registry identification card or fails to issue verbal or written notice of denial of such application, the patients application for such card will be deemed to have been approved. Receipt shall be deemed to have occurred upon delivery to the department or deposit in the united states mails. No application shall be deemed received prior to June 1, 2001.
D. The department shall deny the application if it determines that information has been falsified or it cannot verify the medical information as provided in paragraph A of this regulation. A patient whose application has been denied by the department may not reapply during the six months following the date of denial. The denial of a registry identification card shall be considered a final agency action.
E. In addition to any other penalties provided by law, the department shall revoke for a period of one year the registry identification card of any patient found to have willfully violated the provisions of Section 14 of Amendment 20 of the Colorado Constitution or the implementing legislation of Section 14.
Regulation 4: Change in applicant information
A. When there has been a change in the name, address, physician or primary care-giver of a patient who has been issued a registry identification card, that patient must notify the department within ten days. A patient who has not designated a primary care-giver at the time of application to the department may do so in writing at any time during the effective period of the registry identification card, and the primary care-giver may act in this capacity after such designation.
B. A patient who no longer has a debilitating medical condition as defined in regulation six shall return his registry identification card to the department within twenty-four hours of receiving such information by his or her physician.
Regulation 5: Communications with law enforcement officials about patients in the registry
A. Authorized employees of state or local law enforcement agencies shall be granted access to the information contained within the departments registry only for the purpose of verifying that an individual who has presented a registry identification card to a state or local law enforcement official is lawfully in possession of such card. The department shall report to authorized state or local law enforcement officials whether a patients registry identification card has been suspended because the patient no longer has a debilitating medical condition.
B. Authorized employees of state or local law enforcement agencies shall immediately notify the department when any person in possession of a registry identification card has been determined by a court of law to have willfully violated the provisions of this section 14 of the Colorado constitution or its implementing legislation, or has pled guilty to such offense.
Regulation 6: Debilitating medical conditions and the process for adding new debilitating medical conditions
A. Debilitating medical conditions are defined as cancer, glaucoma, and infection with or positive status for human immunodeficiency virus. Patients undergoing treatment for such conditions are defined as having a debilitating medical condition.
B. Debilitating medical condition also includes a chronic or debilitating disease or medical condition other than HIV infection, cancer or glaucoma; or treatment for such conditions, which produces for a specific patient one or more of the following, and for which, in the professional opinion of the patients physician, such condition or conditions may reasonably be alleviated by the medical use of marijuana: 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.
C. Patients who have had a diagnosis of a debilitating medical condition in the past but do not have active disease and are not undergoing treatment for such condition are not suffering from a debilitating medical condition for which the medical use of marijuana is authorized.
D. Beginning June 1, 2001, the department shall accept physician or patient petitions to add debilitating medical conditions to the list provided in paragraphs A and B of this regulation. The department shall determine if a public rulemaking hearing to modify this regulation is appropriate, and if so, shall petition the Board of Health to set a date for such hearing within one hundred twenty days of receipt of the patient or physician petition. If the department determines that a public rulemaking hearing is not appropriate, it shall notify the petitioner of its action within one hundred eighty days of receipt of submission of the petition. In making its determination, the department will consider whether there is information that the proposed condition is chronic, debilitating, and may be specifically diagnosed, and whether there is scientific evidence that treatment with marijuana may have a beneficial effect.
Regulation 7: Determination of fees to pay for administrative costs of the medical use of marijuana program
The department shall provide each applicant with information concerning the medical use of marijuana program. The department shall collect ninety dollars from each applicant at the time of application to pay for the direct and indirect costs to administer the medical use of marijuana program. Such fee shall not be refundable to the applicant if the application is denied or revoked or if the patient no longer has a debilitating medical condition. The amount of the fee shall be evaluated annually by the department, and the department shall propose modifications to the board, as appropriate. If the patient provides updated information at any time during the effective period of the registry identification card, the depart

Colorado Marijuana Laws | Violations & Penalties

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.

It allows qualified patients under a physician’s care to obtain a legal medical marijuana recommendation and register for a Medical Marijuana Identification Card. As a medical marijuana card holder, it is a good idea to become familiar with the laws themselves. We encourage you to read the full text of Amendment 20.

The Colorado medical marijuana registry is regulated and administered by the Colorado Department of Public Health and Environment (CDPHE). In order to obtain your Medical Marijuana Registry Identification Card, you must send the following information to the CDPHE:

• Signed and dated Application for Identification Card
• Physician’s Certification
• Photo ID
• A non-refundable $90 Application Fee

Medical marijuana applications should be sent to:
Colorado Department of Public Health and Environment
Medical Marijuana Registry
HSVRD-MMP-A1
4300 Cherry Creek Drive South
Denver, CO 80246-1530

Amendment 20

0-4-287 – ARTICLE XVIII – Miscellaneous Art. XVIII – Miscellaneous

Section 14. Medical use of marijuana for persons suffering from debilitating medical conditions. (1) As used in this section, these terms are defined as follows:

(a) “Debilitating medical condition” means:

(I) Cancer, glaucoma, positive status for human immunodeficiency virus, or acquired immune deficiency syndrome, or treatment for such conditions;

(II) A chronic or debilitating disease or medical condition, or treatment for such conditions, which produces, for a specific patient, one or more of the following, and for which, in the professional opinion of the patient’s physician, such condition or conditions reasonably may be alleviated by the medical use of marijuana: 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; or

(III) Any other medical condition, or treatment for such condition, approved by the state health agency, pursuant to its rule making authority or its approval of any petition submitted by a patient or physician as provided in this section.

(b) “Medical use” means the acquisition, possession, production, use, or transportation of marijuana or paraphernalia related to the administration of such marijuana to address the symptoms or effects of a patient’s debilitating medical condition, which may be authorized only after a diagnosis of the patient’s debilitating medical condition by a physician or physicians, as provided by this section.

(c) “Parent” means a custodial mother or father of a patient under the age of eighteen years, any person having custody of a patient under the age of eighteen years, or any person serving as a legal guardian for a patient under the age of eighteen years.

(d) “Patient” means a person who has a debilitating medical condition.

(e) “Physician” means a doctor of medicine who maintains, in good standing, a license to practice medicine issued by the state of Colorado.

(f) “Primary care-giver” means a person, other than the patient and the patient’s physician, who is eighteen years of age or older and has significant responsibility for managing the well-being of a patient who has a debilitating medical condition.

(g) “Registry identification card” means that document, issued by the state health agency, which identifies a patient authorized to engage in the medical use of marijuana and such patient’s primary care-giver, if any has been designated.

(h) “State health agency” means that public health related entity of state government designated by the governor to establish and maintain a confidential registry of patients authorized to engage in the medical use of marijuana and enact rules to administer this program.

(i) “Usable form of marijuana” means the seeds, leaves, buds, and flowers of the plant (genus) cannabis, and any mixture or preparation thereof, which are appropriate for medical use as provided in this section, but excludes the plant’s stalks, stems, and roots.

(j) “Written documentation” means a statement signed by a patient’s physician or copies of the patient’s pertinent medical records.

(2) (a) Except as otherwise provided in subsections (5), (6), and (8) of this section, a patient or primary care-giver charged with a violation of the state’s criminal laws related to the patient’s medical use of marijuana will be deemed to have established an affirmative defense to such allegation where:

(I) The patient was previously diagnosed by a physician as having a debilitating medical condition;

(II) The patient was advised by his or her physician, in the context of a bona fide physician-patient relationship, that the patient might benefit from the medical use of marijuana in connection with a debilitating medical condition; and

(III) The patient and his or her primary care-giver were collectively in possession of amounts of marijuana only as permitted under this section.

This affirmative defense shall not exclude the assertion of any other defense where a patient or primary care-giver is charged with a violation of state law related to the patient’s medical use of marijuana.

(b) Effective June 1, 2001, it shall be an exception from the state’s criminal laws for any patient or primary care-giver in lawful possession of a registry identification card to engage or assist in the medical use of marijuana, except as otherwise provided in subsections (5) and (8) of this section.

(c) It shall be an exception from the state’s criminal laws for any physician to:

(I) Advise a patient whom the physician has diagnosed as having a debilitating medical condition, about the risks and benefits of medical use of marijuana or that he or she might benefit from the medical use of marijuana, provided that such advice is based upon the physician’s contemporaneous assessment of the patient’s medical history and current medical condition and a bona fide physician-patient relationship; or

(II) Provide a patient with written documentation, based upon the physician’s contemporaneous assessment of the patient’s medical history and current medical condition and a bona fide physician-patient relationship, stating that the patient has a debilitating medical condition and might benefit from the medical use of marijuana.

No physician shall be denied any rights or privileges for the acts authorized by this subsection.

(d) Notwithstanding the foregoing provisions, no person, including a patient or primary care-giver, shall be entitled to the protection of this section for his or her acquisition, possession, manufacture, production, use, sale, distribution, dispensing, or transportation of marijuana for any use other than medical use.

(e) Any property interest that is possessed, owned, or used in connection with the medical use of marijuana or acts incidental to such use, shall not be harmed, neglected, injured, or destroyed while in the possession of state or local law enforcement officials where such property has been seized in connection with the claimed medical use of marijuana. Any such property interest shall not be forfeited under any provision of state law providing for the forfeiture of property other than as a sentence imposed after conviction of a criminal offense or entry of a plea of guilty to such offense. Marijuana and paraphernalia seized by state or local law enforcement officials from a patient or primary care-giver in connection with the claimed medical use of marijuana shall be returned immediately upon the determination of the district attorney or his or her designee that the patient or primary care-giver is entitled to the protection contained in this section as may be evidenced, for example, by a decision not to prosecute, the dismissal of charges, or acquittal.

(3) The state health agency shall create and maintain a confidential registry of patients who have applied for and are entitled to receive a registry identification card according to the criteria set forth in this subsection, effective June 1, 2001.

(a) No person shall be permitted to gain access to any information about patients in the state health agency’s confidential registry, or any information otherwise maintained by the state health agency about physicians and primary care-givers, except for authorized employees of the state health agency in the course of their official duties and authorized employees of state or local law enforcement agencies which have stopped or arrested a person who claims to be engaged in the medical use of marijuana and in possession of a registry identification card or its functional equivalent, pursuant to paragraph (e) of this subsection (3). Authorized employees of state or local law enforcement agencies shall be granted access to the information contained within the state health agency’s confidential registry only for the purpose of verifying that an individual who has presented a registry identification card to a state or local law enforcement official is lawfully in possession of such card.

(b) In order to be placed on the state’s confidential registry for the medical use of marijuana, a patient must reside in Colorado and submit the completed application form adopted by the state health agency, including the following information, to the state health agency:

(I) The original or a copy of written documentation stating that the patient has been diagnosed with a debilitating medical condition and the physician’s conclusion that the patient might benefit from the medical use of marijuana;

(II) The name, address, date of birth, and social security number of the patient;

(III) The name, address, and telephone number of the patient’s physician; and

(IV) The name and address of the patient’s primary care-giver, if one is designated at the time of application.

(c) Within thirty days of receiving the information referred to in subparagraphs (3) (b) (I)-(IV), the state health agency shall verify medical information contained in the patient’s written documentation. The agency shall notify the applicant that his or her application for a registry identification card has been denied if the agency’s review of such documentation discloses that: the information required pursuant to paragraph (3) (b) of this section has not been provided or has been falsified; the documentation fails to state that the patient has a debilitating medical condition specified in this section or by state health agency rule; or the physician does not have a license to practice medicine issued by the state of Colorado. Otherwise, not more than five days after verifying such information, the state health agency shall issue one serially numbered registry identification card to the patient, stating:

(I) The patient’s name, address, date of birth, and social security number;

(II) That the patient’s name has been certified to the state health agency as a person who has a debilitating medical condition, whereby the patient may address such condition with the medical use of marijuana;

(III) The date of issuance of the registry identification card and the date of expiration of such card, which shall be one year from the date of issuance; and

(IV) The name and address of the patient’s primary care-giver, if any is designated at the time of application.

(d) Except for patients applying pursuant to subsection (6) of this section, where the state health agency, within thirty-five days of receipt of an application, fails to issue a registry identification card or fails to issue verbal or written notice of denial of such application, the patient’s application for such card will be deemed to have been approved. Receipt shall be deemed to have occurred upon delivery to the state health agency, or deposit in the United States mails. Notwithstanding the foregoing, no application shall be deemed received prior to June 1, 1999. A patient who is questioned by any state or local law enforcement official about his or her medical use of marijuana shall provide a copy of the application submitted to the state health agency, including the written documentation and proof of the date of mailing or other transmission of the written documentation for delivery to the state health agency, which shall be accorded the same legal effect as a registry identification card, until such time as the patient receives notice that the application has been denied.

(e) A patient whose application has been denied by the state health agency may not reapply during the six months following the date of the denial and may not use an application for a registry identification card as provided in paragraph (3) (d) of this section. The denial of a registry identification card shall be considered a final agency action. Only the patient whose application has been denied shall have standing to contest the agency action.

(f) When there has been a change in the name, address, physician, or primary care- giver of a patient who has qualified for a registry identification card, that patient must notify the state health agency of any such change within ten days. A patient who has not designated a primary care-giver at the time of application to the state health agency may do so in writing at any time during the effective period of the registry identification card, and the primary care-giver may act in this capacity after such designation. To maintain an effective registry identification card, a patient must annually resubmit, at least thirty days prior to the expiration date stated on the registry identification card, updated written documentation to the state health agency, as well as the name and address of the patient’s primary care-giver, if any is designated at such time.

(g) Authorized employees of state or local law enforcement agencies shall immediately notify the state health agency when any person in possession of a registry identification card has been determined by a court of law to have willfully violated the provisions of this section or its implementing legislation, or has pled guilty to such offense.

(h) A patient who no longer has a debilitating medical condition shall return his or her registry identification card to the state health agency within twenty-four hours of receiving such diagnosis by his or her physician.

(i) The state health agency may determine and levy reasonable fees to pay for any direct or indirect administrative costs associated with its role in this program.

(4) (a) A patient may engage in the medical use of marijuana, with no more marijuana than is medically necessary to address a debilitating medical condition. A patient’s medical use of marijuana, within the following limits, is lawful:

(I) No more than two ounces of a usable form of marijuana; and

(II) No more than six marijuana plants, with three or fewer being mature, flowering plants that are producing a usable form of marijuana.

(b) For quantities of marijuana in excess of these amounts, a patient or his or her primary care-giver may raise as an affirmative defense to charges of violation of state law that such greater amounts were medically necessary to address the patient’s debilitating medical condition.

(5) (a) No patient shall:

(I) Engage in the medical use of marijuana in a way that endangers the health or well-being of any person; or

(II) Engage in the medical use of marijuana in plain view of, or in a place open to, the general public.

(b) In addition to any other penalties provided by law, the state health agency shall revoke for a period of one year the registry identification card of any patient found to have willfully violated the provisions of this section or the implementing legislation adopted by the general assembly.

(6) Notwithstanding paragraphs (2) (a) and (3) (d) of this section, no patient under eighteen years of age shall engage in the medical use of marijuana unless:

(a) Two physicians have diagnosed the patient as having a debilitating medical condition;

(b) One of the physicians referred to in paragraph (6) (a) has explained the possible risks and benefits of medical use of marijuana to the patient and each of the patient’s parents residing in Colorado;

(c) The physicians referred to in paragraph (6) (b) has provided the patient with the written documentation, specified in subparagraph (3) (b) (I);

(d) Each of the patient’s parents residing in Colorado consent in writing to the state health agency to permit the patient to engage in the medical use of marijuana;

(e) A parent residing in Colorado consents in writing to serve as a patient’s primary care-giver;

(f) A parent serving as a primary care-giver completes and submits an application for a registry identification card as provided in subparagraph (3) (b) of this section and the written consents referred to in paragraph (6) (d) to the state health agency;

(g) The state health agency approves the patient’s application and transmits the patient’s registry identification card to the parent designated as a primary care-giver;

(h) The patient and primary care-giver collectively possess amounts of marijuana no greater than those specified in subparagraph (4) (a) (I) and (II); and

(i) The primary care-giver controls the acquisition of such marijuana and the dosage and frequency of its use by the patient.

(7) Not later than March 1, 2001, the governor shall designate, by executive order, the state health agency as defined in paragraph (1) (g) of this section.

(8) Not later than April 30, 2001, the General Assembly shall define such terms and enact such legislation as may be necessary for implementation of this section, as well as determine and enact criminal penalties for:

(a) Fraudulent representation of a medical condition by a patient to a physician, state health agency, or state or local law enforcement official for the purpose of falsely obtaining a registry identification card or avoiding arrest and prosecution;

(b) Fraudulent use or theft of any person’s registry identification card to acquire, possess, produce, use, sell, distribute, or transport marijuana, including but not limited to cards that are required to be returned where patients are no longer diagnosed as having a debilitating medical condition;

(c) Fraudulent production or counterfeiting of, or tampering with, one or more registry identification cards; or

(d) Breach of confidentiality of information provided to or by the state health agency.

(9) Not later than June 1, 2001, the state health agency shall develop and make available to residents of Colorado an application form for persons seeking to be listed on the confidential registry of patients. By such date, the state health agency shall also enact rules of administration, including but not limited to rules governing the establishment and confidentiality of the registry, the verification of medical information, the issuance and form of registry identification cards, communications with law enforcement officials about registry identification cards that have been suspended where a patient is no longer diagnosed as having a debilitating medical condition, and the manner in which the agency may consider adding debilitating medical conditions to the list provided in this section. Beginning June 1, 2001, the state health agency shall accept physician or patient initiated petitions to add debilitating medical conditions to the list provided in this section and, after such hearing as the state health agency deems appropriate, shall approve or deny such petitions within one hundred eighty days of submission. The decision to approve or deny a petition shall be considered a final agency action.

(10) (a) No governmental, private, or any other health insurance provider shall be required to be liable for any claim for reimbursement for the medical use of marijuana.

(b) Nothing in this section shall require any employer to accommodate the medical use of marijuana in any work place.

(11) Unless otherwise provided by this section, all provisions of this section shall become effective upon official declaration of the vote hereon by proclamation of the governor, pursuant to article V, section (1) (4), and shall apply to acts or offenses committed on or after that date.

Enacted by the People November 7, 2000 — Effective upon proclamation of the Governor.