Colorado Cannabis Sativa "Marijuana" Law

Colorado Constitution

Colo. Const. Art. XVIII, Section 14. MEDICAL USE OF MARIJUANA FOR PERSONS SUFFERING FROM DEBILITATING MEDICAL CONDITIONS

Colo. Const. Art. XVIII, Section 16. PERSONAL USE AND REGULATION OF MARIJUANA

(3) PERSONAL USE OF MARIJUANA. Notwithstanding any other provision of law, the following acts are not unlawful and shall not be an offense under Colorado law or the law of any locality within Colorado or be a basis for seizure or forfeiture of assets under Colorado law for persons twenty-one years of age or older:

(a) Possessing, using, displaying, purchasing, or transporting marijuana accessories or one ounce or less of marijuana.

(b) Possessing, growing, processing, or transporting no more than six marijuana plants, with three or fewer being mature, flowering plants, and possession of the marijuana produced by the plants on the premises where the plants were grown, provided that the growing takes place in an enclosed, locked space, is not conducted openly or publicly, and is not made available for sale.

(c) Transfer of one ounce or less of marijuana without remuneration to a person who is twenty-one years of age or older.

(d) Consumption of marijuana, provided that nothing in this section shall permit consumption that is conducted openly and publicly or in a manner that endangers others.

(e) Assisting another person who is twenty-one years of age or older in any of the acts described in paragraphs (a) through (d) of this subsection.

(4) LAWFUL OPERATION OF MARIJUANA-RELATED FACILITIES. Notwithstanding any other provision of law, the following acts are not unlawful and shall not be an offense under Colorado law or be a basis for seizure or forfeiture of assets under Colorado law for persons twenty-one years of age or older:

(a) Manufacture, possession, or purchase of marijuana accessories or the sale of marijuana accessories to a person who is twenty-one years of age or older.

(b) Possessing, displaying, or transporting marijuana or marijuana products; purchase of marijuana from a marijuana cultivation facility; purchase of marijuana or marijuana products from a marijuana product manufacturing facility; or sale of marijuana or marijuana products to consumers, if the person conducting the activities described in this paragraph has obtained a current, valid license to operate a retail marijuana store or is acting in his or her capacity as an owner, employee or agent of a licensed retail marijuana store.

(c) Cultivating, harvesting, processing, packaging, transporting, displaying, or possessing marijuana; delivery or transfer of marijuana to a marijuana testing facility; selling marijuana to a marijuana cultivation facility, a marijuana product manufacturing facility, or a retail marijuana store; or the purchase of marijuana from a marijuana cultivation facility, if the person conducting the activities described in this paragraph has obtained a current, valid license to operate a marijuana cultivation facility or is acting in his or her capacity as an owner, employee, or agent of a licensed marijuana cultivation facility.

(d) Packaging, processing, transporting, manufacturing, displaying, or possessing marijuana or marijuana products; delivery or transfer of marijuana or marijuana products to a marijuana testing facility; selling marijuana or marijuana products to a retail marijuana store or a marijuana product manufacturing facility; the purchase of marijuana from a marijuana cultivation facility; or the purchase of marijuana or marijuana products from a marijuana product manufacturing facility, if the person conducting the activities described in this paragraph has obtained a current, valid license to operate a marijuana product manufacturing facility or is acting in his or her capacity as an owner, employee, or agent of a licensed marijuana product manufacturing facility.

(e) Possessing, cultivating, processing, repackaging, storing, transporting, displaying, transferring or delivering marijuana or marijuana products if the person has obtained a current, valid license to operate a marijuana testing facility or is acting in his or her capacity as an owner, employee, or agent of a licensed marijuana testing facility.

(f) Leasing or otherwise allowing the use of property owned, occupied or controlled by any person, corporation or other entity for any of the activities conducted lawfully in accordance with paragraphs (a) through (e) of this subsection.

Colorado Revised Statutes (C.R.S.)

ARTICLE 43.3. MEDICAL MARIJUANA
PART 1. COLORADO MEDICAL MARIJUANA CODE

C.R.S. 12-43.3-101. Short title

C.R.S. 12-43.4-102. Legislative declaration

C.R.S. 12-43.3-103. Applicability

C.R.S. 12-43.3-104. Definitions

C.R.S. 12-43.3-105. Limited access areas

C.R.S. 12-43.3-106. Local option

PART 2. STATE LICENSING AUTHORITY

C.R.S. 12-43.3-201. State licensing authority - creation

C.R.S. 12-43.3-202. Powers and duties of state licensing authority - rules

PART 3. STATE AND LOCAL LICENSING

C.R.S. 12-43.3-301. Local licensing authority – applications - licenses

C.R.S. 12-43.3-302. Public hearing notice – posting and publication

C.R.S. 12-43.3-303. Results of investigation - decision of authorities

C.R.S. 12-43.3-304. Medical marijuana license bond (Repealed)

C.R.S. 12-43.3-305. State licensing authority - application and issuance procedures

C.R.S. 12-43.3-306. Denial of application

C.R.S. 12-43.3-307. Persons prohibited as licensees

C.R.S. 12-43.3-307.5. Business and owner requirements - legislative declaration - definitions

C.R.S. 12-43.3-308. Restrictions for applications for new licenses

C.R.S. 12-43.3-309. Transfer of ownership

C.R.S. 12-43.3-310. Licensing in general

C.R.S. 12-43.3-311. License renewal

C.R.S. 12-43.3-312. Inactive licenses

C.R.S. 12-43.3-313. Unlawful financial assistance

PART 4. LICENSE TYPES

C.R.S. 12-43.3-401. Classes of licenses

C.R.S. 12-43.3-402. Medical marijuana center license

C.R.S. 12-43.3-403. Optional premises cultivation license

C.R.S. 12-43.3-404. Medical marijuana-infused products manufacturing license – rules

C.R.S. 12-43.3-405. Medical marijuana-infused projects manufacturing license – rules

C.R.S. 12-43.3-406. Medical marijuana transporter license

PART 5. FEES

C.R.S. 12-43.3-501. Marijuana cash fund

C.R.S. 12-43.3-502. Fees - allocation

C.R.S. 12-43.3-503. Local license fees

PART 6. DISCIPLINARY ACTIONS

C.R.S. 12-43.3-601. Suspension – revocation - fines

C.R.S. 12-43.3-602. Disposition of unauthorized marijuana or marijuana-infused products and related materials

PART 7. INSPECTION OF BOOKS AND RECORDS

C.R.S. 12-43.3-701. Inspection procedures

PART 8. JUDICIAL REVIEW

C.R.S. 12-43.3-801. Judicial review

PART 9. UNLAWFUL ACTS - ENFORCEMENT

C.R.S. 12-43.3-901. Unlawful acts – exceptions

PART 10. SUNSET REVIEW

C.R.S. 12-43.3-1001. Sunset review – article repeal

PART 11. RESPONSIBLE VENDOR STANDARDS

C.R.S. 12-43.3-1101. Responsible vendor program – standards – designation – program

C.R.S. 12-43.3-1102. Responsible vendor - designation

ARTICLE 43.4. COLORADO RETAIL MARIJUANA CODE
PART 1. COLORADO RETAIL MARIJUANA CODE

C.R.S. 12-43.4-101. Short title

C.R.S. 12-43.4-102. Legislative declaration

C.R.S. 12-43.4-103. Definitions

C.R.S. 12-43.4-104. Applicability - retail marijuana

C.R.S. 12-43.4-105. Limited access areas

PART 2. STATE LICENSING AUTHORITY

C.R.S. 12-43.4-201. State licensing authority

C.R.S. 12-43.4-202. Powers and duties of state licensing authority - rules

PART 3. STATE AND LOCAL LICENSING

C.R.S. 12-43.4-301. Local approval - licensing

C.R.S. 12-43.4-302. Public hearing notice – posting and publication

C.R.S. 12-43.4-303. Retail marijuana license bond. (Repealed)

C.R.S. 12-43.4-304. State licensing authority – application and issuance procedures

C.R.S. 12-43.4-305. Denial of application - definition

C.R.S. 12-43.4-306. Persons prohibited as licensees – definitions

C.R.S. 12-43.4-306.5. Business and owner requirements – legislative declaration – definitions

C.R.S. 12-43.4-307. Restrictions for applications for new licenses

C.R.S. 12-43.4-308. Transfer of ownership

C.R.S. 12-43.4-309. Licensing in general

C.R.S. 12-43.4-310. License renewal

C.R.S. 12-43.4-311. Inactive licenses

C.R.S. 12-43.4-312. Unlawful financial assistance

PART 4. LICENSE TYPES

C.R.S. 12-43.4-401. Classes of licenses

C.R.S. 12-43.4-402. Retail marijuana store license - definitions

C.R.S. 12-43.4-403. Retail marijuana cultivation facility license

C.R.S. 12-43.4-404. Retail marijuana products manufacturing license

C.R.S. 12-43.4-405. Retail marijuana testing facility license – rules

C.R.S. 12-43.4-406. Retail marijuana transporter license

C.R.S. 12-43.4-407. Retail marijuana business operator license

PART 5. FEES

C.R.S. 12-43.4-501. Fees

PART 6. DISCIPLINARY ACTIONS

C.R.S. 12-43.4-601. Suspension – revocation - fines

C.R.S. 12-43.4-602. Disposition of unauthorized marijuana or marijuana products and related materials - rules

PART 7. INSPECTION OF BOOKS AND RECORD

C.R.S. 12-43.4-701. Inspection procedures

PART 8. JUDICIAL REVIEW

C.R.S. 12-43.4-801. Judicial review

PART 9. UNLAWFUL ACTS

C.R.S. 12-43.4-901. Unlawful acts - exceptions

PART 10. REPEAL OF ARTICLE

C.R.S. 12-43.4-1001. Sunset review – article repeal

PART 11. SEVERABILITY

C.R.S. 12-43.4-1101. Severability

C.R.S. 25-1.5-106. Medical marijuana program - powers and duties of state health agency - rules - medical review board - medical marijuana program cash fund - subaccount - created - repeal

C.R.S. 25-1.5-106.5. Medical marijuana health research grant program

TITLE 18. CRIMINAL CODE
ARTICLE 18. UNIFORM CONTROLLED SUBSTANCES ACT OF 2013
PART 4. OFFENSES AND PENALTIES

CRS § 18-18-406 Offenses relating to marijuana and marijuana concentrate - definitions

Colorado Code of Regulations (CCR)

Colorado Department of Revenue -- Marijuana Enforcement Division

Colorado Department of Public Health and Environment -- Medical Marijuana Registry

Article 4 Rule-making and Licensing Procedures by State Agencies

1 CCR 212-1 MEDICAL MARIJUANA RULES 1 (DOC)

1 CCR 212-2 RETAIL MARIJUANA RULES 1 (DOC)

Colorado Code of Regulations (CCR) - Colorado Retail Marijuana Code

Articles

Legal Marijuana Is Becoming the Norm, by Steve Chapman - Townhall

Directive Concerning Colorado Courts’ Self-Represented Litigant Assistance, by Michael Bender, Chief Justice of the Colorado Supreme Court

Representing Clients in the Marijuana Industry: Navigating State and Federal Rules, by Eli Wald, Eric Liebman, Amanda Bertrand

Advising Clients Who Want To Grow Hemp, by Dwight L. Pringle

Hemp Aggregation, by John Wilkenson (your humble webmaster)

Court decisions

The People of the State of Colorado v. Pamela Kathleen Boyd, 2015 COA 109. No. 12CA2607 (People v. Boyd)

In re Arenas, 535 B.R. 845 (10th Cir. 2015)

Lawyers

McAllister Garfield, P.C. - "Cutting Edge Counsel for the Legal Marijuana Industry" - Sean T. McAllister - Twitter - Facebook - Google+ - LinkedIn

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