(I) [ Editor's note: This version of subsection (2)(a.5)(I) is effective January 1, 2022. ] A physician and a patient have a treatment or counseling relationship, in the course of which the physician has completed the in-person full assessment of the patient's medical history, including an assessment of the patient's medical and mental health history to determine whether the patient has a medical or mental health issue that could be exacerbated by the use of medical marijuana and reviewing a previous diagnosis for a debilitating or disabling medical condition, and current medical condition, including an appropriate personal physical examination. If the recommending physician is not the patient's primary care physician, the recommending physician shall review the existing records of the diagnosing physician or a licensed mental health provider. This subsection (2)(a.5)(I) does not require a mental health examination prior to making a recommendation.
(I) Post-traumatic stress disorder as diagnosed by a licensed mental health provider or physician;
(II) An autism spectrum disorder as diagnosed by a primary care physician, physician with experience in autism spectrum disorder, or licensed mental health provider acting within his or her scope of practice; or
(III) A condition for which a physician could prescribe an opioid.
(3.5) Marijuana laboratory testing reference library.
(3.7) Repealed.
(b) [ Editor's note: This version of subsection (5)(b) is effective January 1, 2022. ] (I) After a physician, who has a bona fide physician-patient relationship with the patient applying for the medical marijuana program, determines, for the purposes of making a recommendation, that the patient has a debilitating medical condition or disabling medical condition and that the patient may benefit from the use of medical marijuana, the physician shall certify to the state health agency that the patient has a debilitating medical condition or disabling medical condition and that the patient may benefit from the use of medical marijuana. If the physician certifies that the patient would benefit from the use of medical marijuana based on a chronic or debilitating disease or medical condition or disabling medical condition, the physician shall specify the chronic or debilitating disease or medical condition or disabling medical condition and, if known, the cause or source of the chronic or debilitating disease or medical condition or disabling medical condition. A physician's authorization for medical marijuana must be in compliance with the provisions of this section, any rules promulgated pursuant to this section, the physician's respective practice act, article 220 of title 12 and any rules promulgated pursuant to that article for a dentist, article 240 of title 12 and any rules promulgated pursuant to that article, and article 255 of title 12 and any rules promulgated pursuant to that article for an advanced practice registered nurse.
(II) The certification must include the following:
(III) The authorizing physician shall provide the patient with a copy of the certification.
(c) [ Editor's note: This version of subsection (5)(c) is effective January 1, 2022. ] The physician shall maintain a record-keeping system, including a copy of the certification, and for all patients for whom the physician has authorized the medical use of marijuana, and, pursuant to an investigation initiated pursuant to section 12-240-125, the physician shall produce such medical records to the Colorado medical board after redacting any patient or primary caregiver identifying information. The physician shall maintain the medical records of the patient's visit and the physician shall respond to a treating physician's request for medical records to treat the patient with the certification with the patient's permission.
(b) This subsection (5.5) does not apply to a patient eighteen to twenty years of age if the patient had a registry identification card prior to eighteen years of age.
(5.5) [ Editor's note: This subsection (5.5) is effective January 1, 2022. ] Patients eighteen to twenty years of age. (a) Notwithstanding any other provisions of this section to the contrary, a patient with a debilitating or disabling medical condition who is eighteen to twenty years of age is not eligible for the medical marijuana program unless:
(6) Enforcement.
(a) [ Editor's note: This version of subsection (6)(a) is effective January 1, 2022.] If the state health agency has reasonable cause to believe that a physician has violated section 14 of article XVIII of the state constitution, subsection (5) of this section, or the rules promulgated by the state health agency pursuant to subsection (3) of this section, the state health agency may refer the matter to the Colorado medical board created in section 12-240-105 for an investigation and determination.
(8.5) Encourage patient voluntary registration - plant limits.
(8.6) Primary caregivers plant limits - exceptional circumstances.
(I.6) Any primary caregiver who cultivates more marijuana plants than permitted in subsection (8.6)(a)(I.5) of this section shall locate his or her cultivation operation on a property, other than a residential property, where marijuana cultivation is allowed by local law and shall comply with any applicable local law requiring disclosure about the cultivation operation. Cultivation operations conducted in a location other than a residential property are subject to any county and municipal building and public health inspection required by local law. A person who violates subsection (8.6)(a)(I) of this section is subject to the offenses and penalties described in section 18-18-406.
(I.5) Unless otherwise expressly authorized by local law, it is unlawful for a primary caregiver to possess at or cultivate on a residential property more than twelve marijuana plants regardless of the number of persons residing, either temporarily or permanently, at the property; except that it is unlawful for a primary caregiver to possess at or cultivate on or in a residential property more than twenty-four marijuana plants regardless of the number of persons residing, either temporarily or permanently, at the property if a primary caregiver:
(13.5) Nothing herein shall reduce or eliminate the existing power of a statutory municipality or county through the "Local Government Land Use Control Enabling Act of 1974", article 20 of title 29, C.R.S., to regulate the growing of marijuana, commercially or otherwise.
Source: L. 2003: Entire article added with relocations, p. 686, § 2, effective July 1. L. 2009: (3) amended, (SB 09-208), ch. 149, p. 624, § 20, effective April 20. L. 2010: Entire section amended, (SB 10-109), ch. 356, p. 1691, § 1, effective June 7; (17)(b.5) added, (HB 10-1388), ch. 362, p. 1716, § 1, effective June 7; entire section amended, (HB 10-1284), ch. 355, p. 1677, § 2, effective July 1. L. 2011: (2)(c)(II), (5)(a), and (16)(a) amended and (7)(e) added, (HB 11-1043), ch. 266, pp. 1211, 1212, §§ 19, 20, 22, 21, effective July 1. L. 2014: (2)(a) amended and (2)(a.5) and (8)(g) added, (HB 14-1396), ch. 382, p. 1862, § 1, effective June 6; (17) amended, (SB 14-155), ch. 237, p. 873, § 2, effective July 1. L. 2015: (1)(c), (1)(d), (2)(e.5), (3)(a)(IX), (3.7), and (13.5) added, (2)(d.5), (3)(a)(VII), (3)(a)(VIII), (8)(a), (12)(b)(IV), and (18) amended, and (3)(b)(I) and (13) repealed, (SB 15-014), ch. 199, pp. 682, 688, §§ 3, 8, effective May 18; (3.5) and (3.8) added, (HB 15-1283), ch. 307, p. 1255, § 1, effective June 5; (17)(d)(II) amended, (HB 15-1261), ch. 322, p. 1314, § 7, effective June 5; (18) amended, (SB 15-115), ch. 283, p. 1164, § 15, effective June 5; (7)(a), (7)(c), and (7)(e) amended and (7)(f), (8.5), and (8.6) added, (SB 15-014), ch. 199, p. 682, § 3, effective January 1, 2017. L. 2016: (18)(b) amended, (HB 16-1192), ch. 83, p. 234, § 19, effective April 14; (12)(b)(IV) amended, (HB 16-1373), ch. 232, p. 937, § 2, effective June 6. L. 2017: (10) amended, (SB 17-242), ch. 263, p. 1323, § 185, effective May 25; (2)(a.5), IP(2)(d.5), (3)(a)(VI), IP(5), (5)(b), (5)(d)(III), (5)(d)(IV), (9)(a), (9)(b), (12)(b)(VII), (14), and (16)(a) amended and (2)(a.7), (2)(d.3), and (2.5) added, (SB 17-017), ch. 347, p. 1824, § 1, effective June 5; (10) amended, (HB 17-1329), ch. 381, p. 1982, § 56, effective June 6; (2)(e.3), (8.5)(a.5), (8.5)(b.5), (8.6)(a)(I.5), and (8.6)(a)(I.6) added and (7)(e)(I)(A) amended, (HB 17-1220), ch. 402, p. 2096, § 3, effective January 1, 2018. L. 2018: (17)(d) amended and (17)(f) added, (SB 18-271), ch. 329, p. 1972, § 5, effective May 30; (3.5)(b), (3.7), (3.8)(a), (7)(e)(I)(A), (8.5)(b), and (8.6)(b) amended, (HB 18-1023), ch. 55, p. 588, § 18, effective October 1. L. 2019: (2)(a.7) and (2.5)(i)(I) amended, (HB 19-1028), ch. 71, p. 255, § 1, effective April 2; (2)(a.5)(II), (2)(a.7), (2)(c), (2)(d.5)(I), (3)(b)(II), (3.5)(d), (5)(a), (5)(c), (6)(a), (6)(c), (7)(d), (9)(c), (10), and (18)(a) amended, (2)(d.4), (3)(d), and (5)(e) added, and (3)(b)(III), (3.7), and (3.8)(b) repealed, (SB 19-218), ch. 343, pp. 3184, 3188, §§ 1, 4, effective August 2; (2)(a.7) and (2.5)(i)(I) amended and (2.5)(j) added, (SB 19-013), ch. 282, pp. 2640, 2641, §§ 1, 2, effective August 2; (3)(a)(I), (5)(c), (6)(a), and (6)(c) amended, (SB 19-241), ch. 390, p. 3472, § 36, effective August 2; (8)(b) amended, (HB 19-1031), ch. 278, p. 2618, § 1, effective August 2; (5)(c), (6)(a), and (6)(c) amended, (HB 19-1172), ch. 136, p. 1697, § 142, effective October 1; (3.5)(b), (3.7), (3.8)(a), (7)(e)(I)(A), (8.5)(b), and (8.6)(b) amended, (SB 19-224), ch. 315, p. 2939, § 23, effective January 1, 2020. L. 2020: (5)(e) amended, (HB 20-1402), ch. 216, p. 1052, § 50, effective June 30. L. 2021: (2)(a.5)(I), (5)(b), (5)(c), (5)(d)(III), (5)(d)(IV), and (6)(a) amended and (5)(d)(V), (5)(f), (5)(g), and (5.5) added, (HB 21-1317), ch. 313, p. 1911, § 2, effective January 1, 2022.
Cross references: (1) For the legislative declaration in SB 14-155, see section 1 of chapter 237, Session Laws of Colorado 2014. For the legislative declaration in SB 15-014, see section 1 of chapter 199, Session Laws of Colorado 2015. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in HB 17-1220, see section 1 of chapter 402, Session Laws of Colorado 2017.
(2) For the state licensing authority, see § 44-11-201.
Structure Colorado Code
Title 25 - Public Health and Environment
Article 1.5 - Powers and Duties of the Department of Public Health and Environment
Part 1 - General Powers and Duties
§ 25-1.5-104. Regulation of Standards Relating to Food - Powers and Duties of Department
§ 25-1.5-105. Detection of Diseases - Powers and Duties of Department
§ 25-1.5-106.5. Medical Marijuana Health Research Grant Program
§ 25-1.5-107. Pandemic Influenza - Purchase of Antiviral Therapy - Definitions
§ 25-1.5-108.5. Regulation of Recovery Residences - Definition - Rules
§ 25-1.5-109. Food Allergies and Anaphylaxis Form for Schools - Powers and Duties of Department
§ 25-1.5-110. Monitor Health Effects of Marijuana - Report
§ 25-1.5-114. Freestanding Emergency Departments - Licensure - Requirements - Rules - Definitions
§ 25-1.5-115. Opiate Antagonist Bulk Purchase Fund - Creation - Definition - Rules - Report
§ 25-1.5-116. Costs Associated With Living Organ Donation - Definitions
§ 25-1.5-117. Hospitals - Standardized Health Benefit Plan - Participation - Penalties