Denver Medical Marijuana Attorney

Colorado's Medical Marijuana Laws

Medical marijuana has been legal in Denver and throughout Colorado for more than a decade. The voters of the state passed Amendment 20 in the November 2000 elections, thereby decriminalizing cannabis when used for medicinal purposes. In doing so, the state took a side in the ongoing national debate about whether or not marijuana should be made available to individuals who are suffering from certain medical conditions and who might experience relief or an improvement in condition from the use of the drug. State law now allows patients to consume marijuana when they have a doctor's note stating that they might benefit from using the drug as a medicine, provided that the patient suffers from one of a list of conditions that include:

  • Cachexia
  • Cancer
  • Chronic pain
  • Chronic nervous system disorders
  • Epilepsy and similar disorders
  • Glaucoma
  • HIV or AIDS
  • Multiple sclerosis
  • Muscle spasticity
  • Nausea

Violations of Colorado Medical Marijuana Laws

Under state law, a medical marijuana patient may possess as much as two ounces of cannabis for personal use, in addition to growing as many as six cannabis plants. Before they can purchase, possess or consume the drug, they must obtain a medical marijuana identification card by submitting their names to a confidential registry maintained by the state. Even if you have a medical marijuana card, you can still end up in legal trouble if you are caught doing anything that violates the law. For example, you may be arrested for possession of more than two ounces of the drug, for consuming cannabis in a public place, or for driving while under the influence of marijuana. In such a case, the fact that your marijuana use was for medicinal purposes would not serve as a defense, and standard drug crime defense strategies would apply.

Affirmative Defense of Medical Necessity in Colorado Marijuana Cases

If you have been arrested for possession of marijuana in excess of the one ounce that is allowed by Amendment 64, you could face harsh penalties that can include fines, time in jail or prison and a lengthy period of probation. Fortunately, it may be possible to defeat the charges by raising the affirmative defense of medical necessity. By demonstrating through the use of medical records and testimony from a physician, your criminal defense attorney might succeed in demonstrating that you should be cleared of the charges on the grounds that your use or possession of the drug was permitted according to the medical marijuana laws. Success with this strategy requires careful preparation in order to present a good case that will stand up to challenges from the prosecutor, and we urge you to contact us without delay so that we can begin working on your case.

Arrested for a medical marijuana dispensary violation in Denver?

Medical marijuana dispensaries are subject to rigid regulation in Denver and statewide. To ensure that they are only being operated for legitimate medical purposes, state law requires dispensaries to be fully licensed. If you are accused of operating a dispensary without a license, of selling cannabis to customers who do not have registration cards, or any other type of offense, you can come to The Evans Law Firm for help. Attorney Michael D. Evans has handled 53 jury trials in the course of his career, in addition to achieving numerous dismissals and favorable case dispositions for his clients. Contact us now for a free case evaluation to learn more about how we can help and to get started on your defense.

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