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CRS 18-18-406.3

Colorado Medical Use of Marijuana by Persons Diagnosed with Debilitating Medical Conditions – Unlawful Acts – Penalty – Medical Marijuana Program Cash Fund

Colorado statute CRS 18-18-406.3 outlines unlawful acts in relation to Colorado medical use of marijuana. This includes falsely representing medical conditions, theft or counterfeiting of marijuana registry ID cards, and unauthorized release of public records. These are Class 2 misdemeanors with penalties of up to $1,000 in fines and 364 days in jail.

Let’s face it. Life happens.

No one wants to get in trouble, but when it happens, what do you do?

If you have been arrested or charged with a crime, the best decision you can make is to
hire a good criminal defense attorney. With the right defense lawyer in your corner, you
will be advised and guided towards the best outcome for your case.

Penalties for Unlawful Acts Related to Medical Use of Marijuana in Colorado

Charge Classification Penalty
Fraudulently representing a medical condition for the purpose of falsely obtaining a marijuana registry identification card or avoiding arrest and prosecution for a marijuana-related offense Misdemeanor

 

Class 2:

  • Up to 364 days in jail
  • Up to $1,000 in fine
Fraudulent use or theft of any person’s marijuana registry identification card Misdemeanor Class 2:

  • Up to 364 days in jail
  • Up to $1,000 in fines
Fraudulent production or counterfeiting of, or tampering with, one or more

marijuana registry identification cards

Misdemeanor Class 2:

  • Up to 364 days in jail
  • Up to $1,000 in fines
Releasing or making public any confidential record in the marijuana registry of the department without the written authorization of the marijuana registry patient Misdemeanor Class 2:

  • Up to 364 days in jail
  • Up to $1,000 in fines
(Colorado Revised Statutes, CRS 18-18-406.3)

Colorado Revised Statutes, CRS 18-18-406.3:

(1) The general assembly hereby finds and declares that:

(a) Section 14 of article XVIII of the state constitution was approved by the registered electors of this state at the 2000 general election;

(b) Section 14 of article XVIII of the state constitution creates limited exceptions to the criminal laws of this state for patients, primary care givers, and physicians concerning the medical use of marijuana by a patient to alleviate an appropriately diagnosed debilitating medical condition;

(c) Section 14 of article XVIII of the state constitution requires a state health agency designated by the governor to establish and maintain a confidential registry of patients authorized to engage in the medical use of marijuana;

(d) The governor, in accordance with paragraph (h) of subsection (1) of section 14 of article XVIII of the state constitution, has designated the department of public health and environment, referred to in this section as the department, to be the state health agency responsible for the administration of the medical marijuana program;

(e) Section 14 of article XVIII of the state constitution requires the department to process the applications of patients who wish to qualify for and be placed on the confidential registry for the medical use of marijuana, and to issue registry identification cards to patients who qualify for placement on the registry;

(f) Section 14 of article XVIII of the state constitution sets forth the lawful limits on the medical use of marijuana;

(g) Section 14 of article XVIII of the state constitution requires the general assembly to determine and enact criminal penalties for specific acts described in the constitutional provision;

(h) In interpreting the provisions of section 14 of article XVIII of the state constitution, the general assembly has applied the definitions contained in subsection (1) of the constitutional provision and has attempted to give the remaining words of the constitutional provision their plain meaning;

(i) This section reflects the considered judgment of the general assembly regarding the meaning and implementation of the provisions of section 14 of article XVIII of the state constitution.

(2)(a) Any person who fraudulently represents a medical condition to a physician, the department, or a state or local law enforcement official for the purpose of falsely obtaining a marijuana registry identification card from the department, or for the purpose of avoiding arrest and prosecution for a marijuana-related offense, commits a class 2 misdemeanor.

(b) If an officer or employee of the department receives information that causes such officer or employee reasonably to believe that fraudulent representation, as described in paragraph (a) of this subsection (2), has occurred, such officer or employee shall report the information to either the district attorney of the county in which the applicant for the marijuana registry identification card resides, or to the attorney general.

(3) The fraudulent use or theft of any person’s marijuana registry identification card, including, but not limited to, any card that is required to be returned to the department pursuant to section 14 of article XVIII of the state constitution, is a class 2 misdemeanor.

(4) The fraudulent production or counterfeiting of, or tampering with, one or more marijuana registry identification cards is a class 2 misdemeanor.

(5) Any person, including, but not limited to, any officer, employee, or agent of the department, or any officer, employee, or agent of any state or local law enforcement agency, who releases or makes public any confidential record or any confidential information contained in any such record that is provided to or by the marijuana registry or primary caregiver registry of the department without the written authorization of the marijuana registry patient commits a class 2 misdemeanor.

(6) The use, possession, manufacturing, dispensing, selling, or distribution of a synthetic cannabinoid, as defined in section 18-18-102(34.5), shall not be considered an exception to the criminal laws of this state for the purposes of this section or of section 14 of article XVIII of the state constitution.

(7) An owner, officer, or employee of a business licensed pursuant to article 10 of title 44, or an employee of the state medical marijuana licensing authority, a local medical marijuana licensing authority, or the department of public health and environment, who releases or makes public a patient’s medical record or any confidential information contained in any such record that is provided to or by the business licensed pursuant to article 10 of title 44 without the written authorization of the patient commits a class 2 misdemeanor; except that the owner, officer, or employee shall release the records or information upon request by the state or local medical marijuana licensing authority. The records or information produced for review by the state or local licensing authority shall not become public records by virtue of the disclosure and may be used only for a purpose authorized by article 10 of title 44 or for another state or local law enforcement purpose. The records or information shall constitute medical data as defined by section 24-72-204(3)(a)(I). The state or local medical marijuana licensing authority may disclose any records or information so obtained only to those persons directly involved with any investigation or proceeding authorized by article 10 of title 44 or for any state or local law enforcement purpose.

Have you been charged or arrested for unlawful acts related to medical marijuana in Colorado Springs or El Paso County?

It’s important to understand that unlawful acts related to medical marijuana in Colorado have serious consequences. Aside from hefty fines, you could face jail time for almost a year, according to the state’s medical marijuana laws. For the prosecutor to convict you, they must convince a jury that you acted willfully and with fraudulent intentions. A criminal conviction requires that the prosecution convince a jury to find you guilty beyond a reasonable doubt. To defend yourself against a medical marijuana-related charge, you must understand how the law applies to your case and what the El Paso County District Attorney must prove.

Frequently Asked Questions

What illness qualifies for medical marijuana in Colorado?

Colorado law requires that a medical condition be debilitating for a patient to be allowed medical use of marijuana.

Some conditions include:

  • Cancer
  • Glaucoma
  • HIV
  • AIDs
  • Hepatitis C
  • Crohn’s Disease

Can you get a med card for anxiety in Colorado?

Currently, the state of Colorado does not permit the medical use of marijuana for any mental health conditions, including anxiety, depression, or PTSD.