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Amendment 20 was an amendment to state statutes, submitted for
referendum A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
in the 2000
general election A general election is a political voting election where generally all or most members of a given political body are chosen. These are usually held for a nation, state, or territory's primary legislative body, and are different from by-elections ( ...
s in the U.S. state of
Colorado Colorado (, other variants) is a state in the Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the western edge of t ...
. The amendment was adopted by 54% of participating voters. Under the law, patients may possess up to 2 ounces of
medicinal marijuana Medical cannabis, or medical marijuana (MMJ), is cannabis and cannabinoids that are prescribed by physicians for their patients. The use of cannabis as medicine has not been rigorously tested due to production and governmental restrictions ...
and may cultivate no more than six marijuana plants (three 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. /sup>


Background

In the years immediately leading up to the Amendment's adoption there was a newfound interest in medical marijuana research. Between 1996 and 2000 eight states approved some form of medical marijuana use.Mack, Alison, and Janet Joy. Marijuana As Medicine?:: The Science Beyond the Controversy. National Academies Press, 2000. Advocates and opponents both pointed to scientific evidence to make their case. The director of the white house office National Drug Control policy sought clear answers and so they asked a non-governmental body the Institute of Medicine to reviewed the medical data. After eighteen months and considering more than five hundred scientific papers the IOM found that there was remarkable consensus for the potential of cannabinoid based drugs for medical use and almost no data about any proven benefits.


Implementation

Ten years after the popular adoption of the referendum and the press is already calling it marijuana country. As of April 20, 2010 Denver has two hundred fifty medical marijuana dispensaries in operation and Boulder had one hundred. More than sixty thousand patients held red cards with a six-month waiting list to be added to the growing registry. Experts estimated there may be as many as 100,000 patients in the system. For a patient to access the system they need to get a "doctor's recommendation", which differs from a prescription. This recommendation can be had for about one hundred fifty dollars and may consist of a five to 10-minute conversation. The state recognized recommendation, called a "red card" due to its red color, can be used at any marijuana dispensary in the state; though naming a single marijuana dispensary as a patient's "caregiver' often affords the patient discounts on medicine.


Text of referendum

Shall there be an amendment to the Colorado Constitution authorizing the medical use of marijuana for persons suffering from debilitating medical conditions, and, in connection therewith, establishing an affirmative defense to Colorado criminal laws for patients and their primary care-givers relating to the medical use of marijuana; establishing exceptions to Colorado criminal laws for patients and primary care-givers in lawful possession of a registry identification card for medical marijuana use and for physicians who advise patients or provide them with written documentation as to such medical marijuana use; defining "debilitating medical condition" and authorizing the state health agency to approve other medical conditions or treatments as debilitating medical conditions; requiring preservation of seized property interests that had been possessed, owned, or used in connection with a claimed medical use of marijuana and limiting forfeiture of such interests; establishing and maintaining a confidential state registry of patients receiving an identification card for the medical use of marijuana and defining eligibility for receipt of such a card and placement on the registry; restricting access to information in the registry; establishing procedures for issuance of an identification card; authorizing fees to cover administrative costs associated with the registry; specifying the form and amount of marijuana a patient may possess and restrictions on its use; setting forth additional requirements for the medical use of marijuana by patients less than eighteen years old; directing enactment of implementing legislation and criminal penalties for certain offenses; requiring the state health agency designated by the governor to make application forms available to residents of Colorado for inclusion on the registry; limiting a health insurer's liability on claims relating to the medical use of marijuana; and providing that no employer must accommodate medical use of marijuana in the workplace?


See also

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Decriminalization of marijuana in the United States In the United States, the non-medical use of cannabis is legalized in 21 states (plus Guam, the Northern Mariana Islands, and the District of Columbia) and decriminalized in 10 states (plus the U.S. Virgin Islands) as of November 2022. '' De ...
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Legal history of marijuana in the United States In the United States, increased restrictions and labeling of cannabis (legal term ''Marijuana (word), marijuana'' or ''marihuana'') as a poison began in many states from 1906 onward, and outright prohibitions began in the 1920s. By the mid-1930s ...
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List of Colorado ballot measures The U.S. state of Colorado has had a system of direct voting since gaining statehood in 1877. Citizens and the Colorado General Assembly both have the ability to place new legislation, legislation recently passed by the General Assembly, and con ...


References

{{Reflist Cannabis ballot measures in the United States Amendment 44 2000 in cannabis Constitution of Colorado U.S. state constitutional amendments