BOULDER MEDICAL MARIJUANA: LICENSED TO SMOKE

Limitations Remain, Even For Those With MMJ Cards

After being ranked sixth in the country on Princeton Review's 2010
"Reefer Madness" list, it's no surprise that pot is present on the
University of Colorado campus.

Along with 13 other states and Washington, D.C., Colorado has
legalized marijuana for medicinal use. Each state's restrictions
differ, and even with a medical marijuana license, there are still
limitations on the use and possession of pot.

Getting a license

In order to get a license in Colorado, a physician has to perform an
exam and review details about a patient's past medical history before
recommending marijuana as a medical treatment.

Exams range in cost depending on the physician, though local
dispensaries such as Dr. Reefer in Boulder have, in the past, brought
in physicians for special events at a lower cost.

Common symptoms for recommending marijuana as a medical treatment are
pain, migraines, joint pain and more severe medical problems such as
cancer and HIV/AIDS, according to medicalmarijuana.procon.org.

Still prohibited

While the process may seem quite simple, the complications begin once
a license is issued.

Possession and use of marijuana is legal for license holders --
however, the stipulations of when, where and how much someone can have
get tricky.

The most common misconception is that license holders can use
marijuana wherever they like. But that is not the case, said Molly
Bosley, spokeswoman for CU's police department.

"A license does not give you the right to smoke in public," Bosley
said.

Bosley and city spokeswoman Sarah Huntley said a private residence is
the best location for using the drug legally.

The amount of marijuana that can be possessed is also regulated by a
medical marijuana license and is determined by a physician. A license
does not allow the unlimited purchase of pot.

A license is not a "get-out-of-jail-free card," Huntley
said.

"Lately we've noticed that those who hold a license often think
they're exempt from other laws," Huntley said. "You still can't drive
under the influence of marijuana, smoke it in public or distribute it
to those who don't have a license."

While medial marijuana laws allow license holders to purchase and use
pot inside the state, while meeting state restrictions, the license is
not valid in states that do not have the same laws. So for incoming
students, a license from Colorado does not allow for use of marijuana
in their home state.

Not on campus

And possibly the most limiting restriction on the use of medical
marijuana is enforced through the campus.

"We do not allow marijuana anywhere on campus -- period," CU-Boulder
spokesman Bronson Hilliard said.

The drug poses several potential problems when present on university
grounds, especially in residence halls, Hilliard said. If students
have pot in the dorms, it creates safety risks for all the students
living in the residence halls, including making the dorms targets for
burglary, fire hazards and the well-being of other students.

Freshmen living on campus can't possess or use marijuana in their
private residence, so CU will allow first-year students with medical
marijuana cards out of their housing contract in order to live off
campus.

April 20

CU is known for having a large 4/20 pro-marijuana gathering every
April on the Norlin Quad, drawing, in recent years, crowds of up to
10,000 pot smokers.

But with strict campus regulations regarding marijuana use, the rules
on 4/20 can get blurry.

"Police presence during 4/20 is designed primarily to promote safety
and provide for timely responses to emergency situations if needed,"
Bosley wrote in an e-mail. "If police witness persons buying, selling
or using marijuana on campus on April 20, or any other occasion,
citations could be issued."

CU police ticketed 18 students on Norlin Quad during this year's 4/20
celebration, including 16 for narcotics, 1 for trespassing and 1 for
alcohol, which may seem minimal with about 8,000 participants this
year.

While CU police stand strong on their enforcement of marijuana use on
campus, Hilliard explained CU's unwritten policy for handling 4/20.

"We're not going to wade into the crowd at 4:20 p.m. and start
ticketing people," Hilliard said. "You have to be pretty flagrant and
it's at the officers discretion to ticket."

Consequences

When caught in possession of one ounce or less or using marijuana
illegally, students could face a petty offense charge, including a
fine and further consequences as decided by CU's Office of Student
Conduct.

The university will hand out citations as stated by Bosley regarding
4/20, however the offense is minor and Hilliard compares it to a
traffic speeding ticket.

With medical marijuana licenses making it difficult for the state to
pursue charges against anyone who holds a legal license, possession
offenses are a low priority, according to Boulder County District
Attorney Stan Garnett.

"Basic possession of marijuana is a low priority for my office,"
Garnett said. "We will pursue cases that are brought to us, but the
consequences are not significant on first offense."

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Rules of MMJ

Dispensaries will be required to go through a licensing process
including fees, background checks on owners and strict record-keeping
and security requirements.

At least 70 percent of a dispensary's supply must be grown in-house.
The other 30 percent must come from a licensed "medical marijuana center."

Medical marijuana center owners must be Colorado residents.

Medical marijuana centers can be banned by a vote of local government
or community residence.

Owners cannot be recently convicted felons nor have a drug
felony.

A physician who recommends medical marijuana treatments must fully
review a patient's medical history and be available for follow-up care.

Dispensaries cannot provide payment to doctors who give
recommendations.

Source: State of Colorado