Amendment 20-Leagalized Marijuana Part 1

Constitutional Amendment

Colorado Amendment 20 is a citizen initiated amendment to the Colorado Constitution. The initiative added Section14 to the Colorado Constitution and created an affirmative defense, under specific circumstances, to State marijuana criminal charges. The affirmative defenses only apply in circumstances where there is medical use of marijuana. To qualify for such use, a patient, as defined by the amendment, must first register as a medical marijuana user with the Colorado Department of Public Health and Environment. This is accomplished by providing the Department with his/her name, address, date of birth, social security number, his/her physician's name, address and telephone number, along with the name and address of the patient's primary care-giver, if one is designated at the time of application. The application includes the physician's recommendation that the patient suffers from a “debilitating medical condition” (as defined by the act) and that medical use of marijuana might benefit the patient

Debilitating Conditions

Debilitating medical conditions are defined as cancer, glaucoma and positive status for HIV and/or AIDS. Also included in the definition are any chronic or debilitating disease or medical condition which produces cachexia, severe pain, severe nausea, seizures (including epileptic), persistent muscle spasms (including those from MS) or any other medical condition approved by the state health agency. The physician's recommendation is sufficient because the physician would violate federal law by prescribing marijuana, even for medical use.

Medical Use of Marijuana

The constitutional amendment defines medical use of marijuana as the acquisition, possession, use or transportation of marijuana or paraphernalia related to the administration of marijuana to address the symptoms of effects of the patient's medical debilitating condition.

Physician's Role

A physician is defined as a doctor of medicine, properly licensed and in good standing in Colorado. The patient must have been previously diagnosed by a physician as having a debilitating medical condition. The patient must also be advised by the 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 her/her debilitating medical condition. The amendment includes limits on the amount of marijuana that the patient and/or care-giver may possess.

Care-Giver's Role

A patient has the right to appoint a care-giver, defined as a person (not a business or other entity) other than the patient's physician, 18 years of age or older, who has significant responsibility for managing the well-being of a patient who has a debilitating medical condition.

While the term "significant responsibility" is not defined by the amendment, it was recently judicially interpreted in People v. Clendenin to mean more than providing marijuana. In fact, Ms. Clendenin's attorney unsuccessfully made that very argument in the appeal of her criminal conviction. While the appeals court declined to specify what additional activities it considered necessary to prove “significant responsibility for managing the well-being of a patient who has a debilitating medical condition,” it reviewed extra-territorial authorities that defined a primary care-giver as one who took responsibility for the patient's “housing, health or care” or one who has consistently assumed responsibility for the patient's “housing, health or safety.”

Defense to Criminal Marijuana Charges

A patient or care-giver charged with violating Colorado's criminal laws related to the medical use of marijuana is deemed to have established an affirmative defense to such allegations Provided the patient and his/her care-giver comply with all aspects of Amendment 20.

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