![Cannabis Station](https://upload.wikimedia.org/wikipedia/commons/0/01/Cannabis_Station.JPG)
Cannabis in Colorado has been legal for
medical use since 2000 and for
recreational use
Recreational drug use indicates the use of one or more psychoactive drugs to induce an altered state of consciousness either for pleasure or for some other casual purpose or pastime by modifying the perceptions and emotions of the user. When a ...
since late 2012. On November 7, 2000, 54% of Colorado voters approved Amendment 20, which amended the State Constitution to allow the use of marijuana in the state for approved patients with written medical consent. Under this law, patients may possess up to of medical marijuana and may cultivate no more than six marijuana plants (no more than three of these mature flowering plants at a time). Patients who were caught with more than this in their possession could argue "affirmative defense of medical necessity" but were not protected under state law with the rights of those who stayed within the guidelines set forth by the state.
The
Colorado Amendment 64
Colorado Amendment 64 was a successful popular initiative ballot measure to amend the Constitution of the State of Colorado, outlining a statewide drug policy for cannabis. The measure passed on November 6, 2012, and along with a similar meas ...
, which was passed by voters on November 6, 2012, led to recreational legalization in December 2012 and state-licensed retail sales in January 2014. The policy has led to
cannabis tourism. There are two sets of policies in Colorado relating to cannabis use: those for
medicinal cannabis
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 for
recreational drug use along with a third set of rules governing
hemp.
History
Prohibition (1917) (1929) and (1937)
Amidst an early 20th century trend of limiting the drug, Colorado first restricted cannabis on March 30, 1917. This made the use and cultivation of cannabis a misdemeanor, which was subject to a fine of between $10 and $100 (equivalent to $ and $ in ) and up to a month in jail.
In 1929, the Colorado Legislature passed a law making the second offense of sale, possession and distribution of marijuana a felony by one to five years in prison.
Shortly after the
1937 Marihuana Tax Act
The Marihuana Tax Act of 1937, , was a United States Act that placed a tax on the sale of cannabis. The H.R. 6385 act was drafted by Harry Anslinger and introduced by Rep. Robert L. Doughton of North Carolina, on April 14, 1937. The Seventy-fift ...
went into effect on October 1, 1937, the
Federal Bureau of Narcotics
The Federal Bureau of Narcotics (FBN) was an agency of the United States Department of the Treasury, established in the Department of the Treasury by an act of June 14, 1930, consolidating the functions of the Federal Narcotics Control Board a ...
and
Denver Police Department
The Denver Police Department (DPD) is the full service police department jointly for the City and County of Denver, Colorado, which provides police services to the entire county, including Denver International Airport, and may provide contractu ...
arrested Moses Baca for possession and
Samuel Caldwell for dealing. Baca and Caldwell's arrest made them the first marijuana convictions under U.S. federal law for not paying the marijuana tax. Judge Foster Symes sentenced Baca to 18 months and Caldwell to four years in
Leavenworth Penitentiary for violating the 1937 Marihuana Tax Act.
Decriminalization (1975)
In 1975, during a short-lived wave of decriminalization in the country, Colorado decriminalized possession of cannabis of up to , which was made a petty offense with a maximum fine of $100 (). That amount was increased to in 2010, still with a maximum fine of $100 ().
A contributing factor in the favor of decriminalization was the work on behalf of NORML by Pitkin County Deputy District Attorney Jay Moore, who helped win over the legislature's Republican leadership with arguments as to money wasted on needless enforcement of marijuana laws.
Medical marijuana (2000)
On November 7, 2000, 54% of Colorado voters approved Amendment 20, which amended the State Constitution to allow the use of marijuana in the state for approved patients with written medical consent. Under this law, patients may possess up to of medical marijuana and may cultivate no more than six marijuana 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.
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 marijuana in Colorado include:
cachexia
Cachexia () is a complex syndrome associated with an underlying illness, causing ongoing muscle loss that is not entirely reversed with nutritional supplementation. A range of diseases can cause cachexia, most commonly cancer, congestive heart ...
;
cancer
Cancer is a group of diseases involving abnormal cell growth with the potential to invade or spread to other parts of the body. These contrast with benign tumors, which do not spread. Possible signs and symptoms include a lump, abnormal b ...
;
chronic pain
Chronic pain is classified as pain that lasts longer than three to six months. In medicine, the distinction between acute and chronic pain is sometimes determined by the amount of time since onset. Two commonly used markers are pain that continue ...
; chronic
nervous system disorders;
epilepsy
Epilepsy is a group of non-communicable neurological disorders characterized by recurrent epileptic seizures. Epileptic seizures can vary from brief and nearly undetectable periods to long periods of vigorous shaking due to abnormal electrica ...
and other disorders characterized by
seizure
An epileptic seizure, informally known as a seizure, is a period of symptoms due to abnormally excessive or synchronous neuronal activity in the brain. Outward effects vary from uncontrolled shaking movements involving much of the body with l ...
s;
glaucoma
Glaucoma is a group of eye diseases that result in damage to the optic nerve (or retina) and cause vision loss. The most common type is open-angle (wide angle, chronic simple) glaucoma, in which the drainage angle for fluid within the eye rem ...
;
HIV
The human immunodeficiency viruses (HIV) are two species of ''Lentivirus'' (a subgroup of retrovirus) that infect humans. Over time, they cause acquired immunodeficiency syndrome (AIDS), a condition in which progressive failure of the immune ...
or
AIDS;
multiple sclerosis and other disorders characterized by
muscle spasticity
Spasticity () is a feature of altered skeletal muscle performance with a combination of paralysis, increased tendon reflex activity, and hypertonia. It is also colloquially referred to as an unusual "tightness", stiffness, or "pull" of muscles.
...
; and
nausea
Nausea is a diffuse sensation of unease and discomfort, sometimes perceived as an urge to vomit. While not painful, it can be a debilitating symptom if prolonged and has been described as placing discomfort on the chest, abdomen, or back of the ...
. Additionally, patients may not use medical marijuana 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 marijuana patients cannot fill
prescriptions at a
pharmacy because under federal law, marijuana 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 marijuana strains with different qualities, as well as various "edibles" or food products that contain marijuana extracts. 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
The Colorado Court of Appeals (Colo. App.) is the intermediate-level appellate court for the state of Colorado. It was initially established by statute in 1891 and was reestablished in its current form in 1970 by the Colorado General Assembly un ...
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:
On June 10, 2016, Governor
John Hickenlooper
John Wright Hickenlooper Jr. (; born February 7, 1952) is an American politician serving as the junior United States senator from Colorado since 2021. A member of the Democratic Party, he served as the 42nd governor of Colorado from 2011 to 20 ...
signed House Bill 16–1359. This bill stated that the court shall not prohibit the use or possession of medical marijuana as a condition of probation unless the individual is sentenced to probation for a conviction under Article 43.3 of Title 12, C.R.S.; or if the court determines based upon any material evidence that such a prohibition is necessary and appropriate to accomplish the goals of sentencing stated in 18-1-102.5, C.R.S.
Recreational marijuana (2012)
Since the enactment of
Colorado Amendment 64
Colorado Amendment 64 was a successful popular initiative ballot measure to amend the Constitution of the State of Colorado, outlining a statewide drug policy for cannabis. The measure passed on November 6, 2012, and along with a similar meas ...
in November 2012, adults aged 21 or older can grow up to six marijuana plants (with no more than half being mature flowering plants) privately in a locked space, legally possess all marijuana from the plants they grow (as long as it stays where it was grown), legally possess up to of marijuana while traveling, and give as a gift up to to other citizens 21 years of age or older.
Any adult in Colorado's territory may possess up to of marijuana at any time, regardless of whether they are an in-state resident or an out-of-state visitor, as of 2016. Retail concentrate/edible limits are as follows: of retail concentrate will be equal to of flower, and therefore 800 mg of THC in the form of retail edibles will be equal to 1oz of retail flower. Consumption is permitted in a manner similar to alcohol, with equivalent offenses prescribed for driving. Consumption in public was recently passed in Denver under Ordinance 300 with a vote of 53% for legal public consumption, and a 46% vote against. Within 60 days the new rules will be written and should be similar to current public alcohol consumption rules and regulations. 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 face prosecution if found in possession in any adjacent state. Denver airport has banned all possession of marijuana but admits it has not charged a single person with possession nor has the airport seized any marijuana since the ban went into effect.
Governor Hickenlooper signed several bills into law on May 28, 2013, implementing the recommendations of the
Task Force on the Implementation of Amendment 64 The Task Force on the Implementation of Amendment 64 was a task force of the U.S. State of Colorado charged with considering and resolving a number of policy, legal and procedural issues relating to Colorado Amendment 64, which allows for personal ...
. On September 9, 2013, the
Colorado Department of Revenue
The Colorado Department of Revenue (DOR) is a state agency in Colorado. The department collects most types of taxes and issues state identification cards and driver licenses and also enforces Colorado laws regarding gaming
Gaming may refer to:
...
adopted final regulations for recreational marijuana establishments, implementing the Colorado Retail Marijuana Code (HB 13–1317). On September 16, 2013, the
Denver
Denver () is a consolidated city and county, the capital, and most populous city of the U.S. state of Colorado. Its population was 715,522 at the 2020 census, a 19.22% increase since 2010. It is the 19th-most populous city in the Unit ...
City Council
A municipal council is the legislative body of a municipality or local government area. Depending on the location and classification of the municipality it may be known as a city council, town council, town board, community council, rural counc ...
adopted an ordinance for retail marijuana establishments.
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.
During 2014, the first year of implementation of
Colorado Amendment 64
Colorado Amendment 64 was a successful popular initiative ballot measure to amend the Constitution of the State of Colorado, outlining a statewide drug policy for cannabis. The measure passed on November 6, 2012, and along with a similar meas ...
, 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
Jefferson Beauregard Sessions III (born December 24, 1946) is an American politician and attorney who served as the 84th United States Attorney General from 2017 to 2018. A member of the Republican Party, he previously served as United States ...
to ensure that
Electronic Benefit Transfer cards could not be used to purchase marijuana, as the
United States Department of Health and Human Services
The United States Department of Health and Human Services (HHS) is a cabinet-level executive branch department of the U.S. federal government created to protect the health of all Americans and providing essential human services. Its motto is ...
stated that their usage in marijuana shops was not prohibited.
By April 2018, revenue from legalized marijuana only amounted to 2% of the state's education budget, with some calling it "a drop in a bucket." During this month, sales records showed that marijuana sales were flat and were about the same as they were the previous year.
In mid-2019, Governor
Jared Polis
Jared Schutz Polis (; born May 12, 1975) is an American politician, entrepreneur, businessman, and philanthropist, serving as the 43rd governor of Colorado since January 2019. He served one term on the Colorado State Board of Education from 20 ...
signed a law that would allow licensed businesses to have social marijuana use areas.
Regulation
General regulations for the legal commercial production and vending of marijuana in the state, which continue to be updated by the General Assembly, are published through the Marijuana Enforcement Division of the
Department of Revenue.
Hemp is defined as any form of the cannabis plant which has less than "3/10's of one percent" delta-9-
THC
Tetrahydrocannabinol (THC) is the principal psychoactive constituent of cannabis and one of at least 113 total cannabinoids identified on the plant. Although the chemical formula for THC (C21H30O2) describes multiple isomers, the term ''THC' ...
. The state department of agriculture regulates hemp production.
Colorado was one of the first states to legalize marijuana which means they were very careful when outlining how they would regulate it. There are multiple forms of marijuana such as smoking the plant, concentrates and edible making it difficult for Colorado to regulate.
The Governors' office worked and is still working hand in hand with individuals involved in law enforcement, public and environmental health, human services, and education to find solutions.
Marijuana causes impaired judgment and lack of coordination making it unsafe to drive at certain levels. This is problematic due to the rest of the population being at risk on the roads. Colorado has created legislation that states it is unlawful for one to operate a vehicle when intoxicated at a blood THC level of 5 nanograms/milliliter or more. Colorado put in place legislation stating that only persons 21 and older can possess of weed or less on hand. In May 2021 the lawful possession limit for adults was doubled to per person.
Impaired driving
Like other states,
driving while impaired by any drug is illegal in Colorado, though it took the legislature six attempts and three years to pass marijuana intoxication measures. Ultimately the legislators decided on a nanogram limit in the bloodstream, though the number they picked was scoffed at by activists. Today Colorado law states that juries may convict a person of marijuana intoxication if they have five or more nanograms of THC per milliliter of blood, but defendants are allowed to argue that they were not intoxicated despite having such levels of THC in their bloodstream.
Testing limitations
Since the legalization of recreational Marijuana in the state of Colorado testing an individual's level of intoxication has proven to be a challenge. “There is no one blood or oral fluid concentration that can differentiate impaired and not impaired,” (Berger, 2018). This is due to body's inability to efficiently process
tetrahydrocannabinol
Tetrahydrocannabinol (THC) is the principal psychoactive constituent of cannabis and one of at least 113 total cannabinoids identified on the plant. Although the chemical formula for THC (C21H30O2) describes multiple isomers, the term ''THC' ...
, better known as THC. In turn this has led to many individuals being wrongly accused of being under the influence and while they may have tested positive to a drug test the individual may not have consumed the drug for up 30 days prior. As a result, the court systems have seen undue hardships of over booking and baseless accusations. This has also proven to be an issue for employers as marijuana is still classified as a schedule 1 narcotic and federally illegal. Employers with zero tolerance policies are finding themselves with fewer applicants that can pass a drug screening and those fail random drug screenings are losing their employment. Better testing needs to be established so those that wish to participate in what is now legal can do so without fear of incarceration or unemployment due to inadequate methods of testing.
Results
![MEDUSACO flower display](https://upload.wikimedia.org/wikipedia/commons/4/4c/MEDUSACO_flower_display.JPG)
The Colorado amendment 64, which was passed by voters on November 6, 2012, led to legalization in January 2014.
The annual number of teenager (13 to 21 years old) visits to emergency rooms involving a cannabis related diagnostic code or positive for marijuana from a urine drug screen more than quadrupled during the decade (2005-2014) leading to the legalization. Two thirds of these cases involving marijuana were about mental health problems, and more than half of these cases also tested positive for other drugs.
A national survey conducted between 2014 and 2016 alleged that adolescent abuse of marijuana has fallen to the lowest level it has been in years after legalization. This has been attributed to both additional funding raised from taxation and law enforcement's increasing involvement in the oversight of production and sales.
The biannual Healthy Kids Colorado Survey provides data on marijuana usage and attitudes among public middle or high schools students. According to the 2015 survey, Colorado's youth marijuana use rate dipped slightly in 2015 and was lower than the national average. The percentage of teenagers who have "used marijuana one or more times during the past 30 days" had dropped to 21% in 2015, down from 25% in 2009. The 2019 survey showed that the percentage of students who had "used marijuana one or more times during the past 30 days" stayed stable, between 19.4 and 21.2 percent, from 2013 until 2019, and there was no clear trend.
In 2014, Colorado invested $2 million generated from marijuana sales tax revenue on campaigns aimed at anti-marijuana education of minors and the state has plans to spend double that amount, $4 million in 2015 (out of a total projected marijuana sales tax revenue of $125 million). The current campaigns provide information on marijuana laws, the impacts of youth use, the dangers of driving under the influence of any drug, and the harmful side effects of using marijuana.
In 2017, the government of Colorado collected over $247 million in taxes, fees, and licensing costs.
By 2018, there was $905 million in total recreational cannabis sales since the legalization in 2014.
Colorado Cannabis Business Office
In July 2021, the
Governor of Colorado
The governor of Colorado is the head of government of the U.S. state of Colorado. The governor is the head of the executive branch of Colorado's state government and is charged with enforcing state laws. The governor has the power to either app ...
established the Colorado Cannabis Business Office.
See also
*
Colorado Amendment 44 (2006)
Amendment 44 was a proposed amendment to the state statutes submitted for referendum in the 2006 general elections in the U.S. state of Colorado. The amendment proposed the legalization of the possession of one ounce or less of marijuana for an ...
*
Colorado Amendment 64 (2012)
*
Law of Colorado
The law of Colorado consists of several levels, including constitutional, statutory, regulatory, local, and case law. The '' Colorado Revised Statutes'' form the general statutory law.
Sources
The Constitution of Colorado is the foremost source ...
*
Cannabis Law Reform
Cannabis Law Reform (CLEAR), formerly the Legalise Cannabis Alliance, is a United Kingdom lobby group which campaigns to end the prohibition of cannabis. The group was founded in 1997 and reformed as CLEAR in 2011. It campaigned in a number of el ...
*
Prohibition of drugs
The prohibition of drugs through sumptuary legislation or religious law is a common means of attempting to prevent the recreational use of certain intoxicating substances.
While some drugs are illegal to possess, many governments regulate the ...
*
Washington Initiative 502
Washington Initiative 502 (I-502) "on marijuana reform" was an initiative to the Washington State Legislature, which appeared on the November 2012 general ballot, passing by a margin of approximately 56 to 44 percent. Originally submitted to t ...
*
Colorado Badged Network
The Colorado Badged Network (CBN) is a Colorado business that focuses on connecting the Colorado cannabis industry. At one point, it was the largest Colorado cannabis industry organization, with over 6100 members as of November 2018, and journalis ...
References
External links
History of Cannabis in Colorado
Denver Marijuana Infoat Colorado.gov
{{DEFAULTSORT:Cannabis in Colorado