Recreational Marijuana Use in Colorado

If you are caught in possession of up to two ounces of marijuana in Colorado, you will be charged with having committed a petty offence:

• You will be summoned to appear in court and, once you have given your promise to attend the hearing, you will be released from custody.  Maximum penalty is $100. If you fail to attend the court hearing, the charge will be increased to a misdemeanor.

• The penalty for public use or display of your < 2oz of marijuana attracts an added penalty of up to fifteen days in jail.

• Possession of more than two ounces of marijuana in Colorado is classed as a misdemeanor and attracts a penalty of six to eighteen months in jail plus a fine of $500 – $5,000.  Additionally, you will be required to pay $600 surcharge.

• Possession of greater than 8 ounces of marijuana in Colorado is a felony offense, the penalty for which is one to three years imprisonment together with a fine of $1,000 – $100,000.  The surcharge this time is $1,125.

• Repeated convictions of possession of over two ounces of marijuana in Colorado doubles the possible penalties.

• Gifting less than two ounces of marijuana in Colorado is classed as possession and is punished as such.

• Any other transfer, sale, manufacture or cultivation of marijuana in Colorado is a felony.  The penalty is two to four years in jail together with a fine of $2,000 – $500,000.  The surcharge is $1,500.

• To transport more than 100lbs of marijuana in Colorado attracts a penalty of anywhere between eight and twenty-four years in prison, together with a fine of $5,000 to $1,000,000.

• Any transfer of marijuana to a minor in Colorado is a felony attracting a jail term of two to four years in prison and a fine of $2,000 – $500,000.

• To sell marijuana within 1,000 feet of a Colorado school or public housing area will attract a jail term of eight to twenty-four years in prison together with a fine of $10,000 to $1,000,00.

Medical Marijuana Use in Colorado

Cannabis for medical use became legal in Colorado on June 1, 2001. Patients must be in possession of written documentation from their physician confirming that he or she suffers from a debilitating condition that “might benefit from the medical use of marijuana.”  This written evidence is then used in the registration process with the Colorado Board of Health.

The following illnesses are legally protected under the Colorado Medical Marijuana Act:

• Cancer
• Glaucoma
• HIV/AIDS positive
• Cachexia
• Severe pain
• Severe nausea
• Seizures, including those that are characteristic of epilepsy
• Persistent muscle spasms, including those that are characteristic of multiple sclerosis
• Other conditions are subject to approval by the Colorado Board of Health

Amendments to Colorado Medical Marijuana Law

On June 7, 2010, HB1284 was signed into law and established state provisions regulating medical cannabis dispensaries.

The law requires that medical marijuana dispensaries are licensed at both state and local level and must pay a state licensing fee.  Dispensary operators are to cultivate, or oversee the cultivation of, at least 70% of the marijuana dispensed at the center.

HB1284 also imposed a statewide moratorium on the establishment of new dispensaries, although it allowed for Individual caregivers to provide medical cannabis for up to five patients in localities that have formally banned dispensaries.

Also on June 7, 2010, SB109 was signed into law.  This bill makes it compulsory that physicians can only recommend marijuana to patients with whom s/he has had a prior counselling relationship.

Contact Details for Colorado Medical Marijuana Law

Colorado Department of Public Health and Environment
HSVR-ADM2-A1
4300 Cherry Creek Drive South
Denver, CO 80246-1530
Phone:             303-692-2184

Recreational Marijuana Use in California

Despite the failure of Proposition 19 in November 2010, California has, to a certain extent, decriminalized marijuana. First offenses for possession of 28.5gms or less of cannabis in your residence or home will not attract a jail sentence or a criminal record; mostly it will be viewed in the same way as a minor traffic violation.

For possession of larger amounts of marijuana, or possession within the vicinity of a school, will attract penalties. Growing any amount of marijuana within California is viewed as a felony and attracts a maximum prison sentence of 3 years. (Unless you are growing as a caregiver, see below).

If you give somebody 28.5gms or less of marijuana as a gift, you will be fined a maximum of $100. Sale of any amount of marijuana is punishable by imprisonment with no fine.  Under 21-year-olds convicted of marijuana related offenses will lose their driving license for one year.

Medical Marijuana Use in California

• Possession: patients (or their primary caregivers) may legally possess no more than eight ounces of dried marijuana and/or six mature cannabis plants. Twelve immature cannabis plants are allowed in place of the six mature ones. Only the dried mature processed flowers or buds of the female cannabis plant are allowed.
• Senate Bill 420: if a physician considers that the patient needs more than the allowed amount of marijuana to treat his medical condition this will be allowed.

• Cultivation: a person is acting as primary caregiver to more than one patient under section may aggregate the possession and cultivation limits for each patient. For example, if a caregiver is responsible for three patients, he or she may possess up to 24 oz. of marijuana (8 oz. per patient) and may grow 18 mature or 36 immature plants. Similarly, collectives and cooperatives may cultivate and transport marijuana in aggregate amounts tied to its membership numbers.
• Registration: Although verbal recommendations are technically permitted under Proposition 215, patients should obtain and carry written proof of their physician recommendations to help them avoid arrest. A state identification card is the best form of proof, because it is easily verifiable and provides immunity from arrest if certain conditions are met.

The next best forms of proof are a city- or county-issued patient identification card, or a written recommendation from a physician.

• Caregivers: The patient may designate a primary caregiver, who “has consistently assumed responsibility for the housing, health, or safety” of the patient.
• A person may serve as primary caregiver to more than onepatient, provided that the patients and caregiver all reside in the same city or county.  Primary caregivers also may receive certain compensation for “actual expenses, including reasonable compensation incurred for services provided.”

Recreational Marijuana Use in Alaska

Alaska has, to a certain extent, decriminalized cannabis.  First offenses for possession of 1oz or less of marijuana in your residence or home will not attract a jail sentence or a criminal record; mostly it will be viewed in the same way as a minor traffic violation.

Possession of larger amounts or sale of any amounts will attract penalties: the maximum penalty for possession is 5 years in jail and $50,000 fine; maximum penalty for supply is the same.

Medical Marijuana Use in Alaska

• Possession: patients (or their primary caregivers) may legally possess no more than one ounce of usable marijuana.
• Cultivation: patients (or their primary caregivers) may legally cultivate no more than six marijuana plants, of which no more than three may be mature.
• Registration: a confidential state-run patient registry issues identification cards to qualifying patients.
• Caregivers: caregivers must be no younger than 21 years and have never had a felony conviction connected with controlled substances.  The patient may list one primary caregiver and one alternate caregiver in the registry and caregivers may only be listed for one patient at a time. The chosen caregiver must be certified by the patient as being either the primary or alternate caregiver, “unless the primary caregiver or alternate caregiver is simultaneously caring for two or more patients who are related to the caregiver by at least the fourth degree of kinship by blood or marriage.”

To register with the Alaska Medical Marijuana Program, download the medical marijuana applicant package or contact: