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Medical Marijuana in Boulder, Colorado: Protecting Yourself

By on Jul 21, 2011 in Blog, Boulder Colorado Law Advice Blogs | 0 comments

There are a number of things to keep in mind as a patient moves forward in his or her treatment use of medical marijuana. If necessary, a patient should consult a Boulder attorney who is knowledgeable in the area of medical marijuana and other drug offenses, has experience in the area both in prosecution and defense as well as understanding the inner-workings of the Boulder District Attorney’s office. As in other drug-related cases, there are a number of complex issues associated with search and seizure, and some evidence may not be permissible in court. A boulder medical marijuana attorney can sort through these issues.

First, potential patients must have a doctor’s recommendation in order to apply for a
Colorado Medical Marijuana Registry Identification Card. Upon successful registry with the state of Colorado, a patient, by state law, can possess up to two ounces of usable marijuana. Those same patients can cultivate up to six marijuana plants with no more than three plants being mature, flowering plants that produce a usable form of marijuana.

Although your medical marijuana registration with the state of Colorado is a legal binding document in the state of Colorado, it is not, however, an accredited document on a federal level.

It’s possible to face federal prosecution regardless of Colorado law. Every patient must be in the privacy of house and home and out of site of the general public, including paraphernalia. No patient is permitted to use in medical marijuana while driving or in any other arena outside of his or her private dwelling.

If you are a legal medical marijuana patient in the State of Colorado and are confronted by the police, you should:

  • Remain calm.
  • Be courteous and provide your identification.
  • Politely refuse to answer any further questions under your Fifth Amendment
    right to remain silent.
  • Politely invoke your Sixth Amendment rights to consult an attorney of your
    choice. Do not answer any questions without an attorney present.
  • Politely invoke your Fourth Amendment rights to remain free from unreasonable search and seizure. Politely ask if you are under arrest or being detained for any reason. If the officer’s answer is no, then politely ask to leave.
  • If further persistence occurs, be advised and advise the officer that any statement made, or alleged consent offered, is hereby made under protest and under duress and in submission to the officer’s claim of lawful authority. Remember that any information can and will be used against you in a court of
    law.
  • Also, be advised that in the state of Colorado, a patient or caregiver possessing a Medical Marijuana Registry Identification Card is exempt from criminal prosecution if and only if he or she remains within the limits for quantity of marijuana as stated in Colorado’s Amendment 20.

If you have been charged with a felony or misdemeanor marijuana and/or other drug charge, you should speak to an experienced drug defense or criminal defense attorney as soon as possible. Remember that the prosecution is already preparing their case against you, don’t take on the system alone!

Phil Clark is a Criminal Defense Attorney for The Clark Law Firm in Boulder, CO. His experience as a senior prosecutor gives him a strong advantage for aggressive criminal defense and those in need of a Boulder DUI attorney. Contact us today for a FREE Consultation.

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