(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.
L. 2001: Entire section added, p. 471, § 1, effective April 27. L. 2011: (6) added, (SB 11-134), ch. 261, p. 1140, § 3, effective July 1; (7) added, (HB 11-1043), ch. 266, p. 1215, § 28, effective July 1. L. 2015: (5) amended, (SB 15-014), ch. 199, p. 688, § 6, effective May 18. L. 2018: (7) amended, (HB 18-1023), ch. 55, p. 587, § 13, effective October 1. L. 2019: (7) amended, (SB 19-224), ch. 315, p. 2937, § 17, effective January 1, 2020. L. 2021: (2)(a), (3), (4), (5), and (7) amended, (SB 21-271), ch. 462, p. 3218, § 379, effective March 1, 2022.
Subsection (7) was numbered as subsection (6) in House Bill 11-1043 but was renumbered on revision for ease of location.
For the legislative declaration in SB 15-014, see section 1 of chapter 199, Session Laws of Colorado 2015.
