Signature deadline: July 31, 1998
Needed: 55,000 valid signatures
Donations to pay for signature gathering are encouraged.

For full text of the initiative, see:
http://www.levellers.org/ctca.htm

The summary prepared by the Board is as follows:

This measure amends the Colorado Constitution by the addition of a new article XXVIII titled "Compassionate Therapeutic Cannabis".  The measure identifies the purposes of the new article, including authorizing the compassionate therapeutic use of cannabis by a patient under advice from his or her physician.  The measure defines certain terms, such as "cannabis", "hemp" and "medical conditions" for which therapeutic cannabis may be used.

The measure directs the general assembly to amend statutes and regulations by replacing the terms "marihuana", "marijuana", and "marihuana concentrate" with the terms "cannabis", "cannabis concentrate", or "hemp".  The measure specifies that if the general assembly fails to act by May 15, 2000, any statutes that use the term "marihuana", "marijuana", or "marihuana concentrate" shall be rendered void.  Until such time, the measure establishes an exception to the state's criminal laws for patients who engage in therapeutic cannabis use, for primary caregivers who acquire, cultivate, possess, transport, or distribute therapeutic cannabis for the
purpose of supplying patients with an adequate supply of therapeutic cannabis, and for persons who cultivate or process hemp for industrial purposes.

The measure sets forth certain declarations of policy, including allowing the therapeutic use of cannabis and treating hemp either equally or less restrictively than commercially produced cereal and fiber crops under state law.

The measure establishes immunity from prosecution for persons who reasonably believe that their actions conform to the provisions of the new article.  It further creates an affirmative defense for persons charged with the violation of a state law relating to marihuana, marijuana,
marihuana concentrate, cannabis, cannabis concentrate, or hemp.  The measure ensures that a defendant shall be entitled to a trial by jury in all trials in which an affirmative defense is raised.

The measure establishes an exception from arrest, prosecution, or denial of right or privilege of or penalty against a physician for providing an opinion or written recommendation to a patient advising the use of therapeutic cannabis to treat a medical condition.  The measure establishes
an exception to arrest, prosecution, or denial of right or privilege of or penalty against a patient to engage in the therapeutic use of cannabis in conformity with the new article.

The measure authorizes a patient to designate, in writing, as many as four people as primary caregivers with significant responsibility for managing the well-being of the patient.  The measure allows a primary caregiver to acquire, cultivate, possess, transport, or distribute an adequate supply of therapeutic cannabis for use by patients and establishes an exception from
arrest, prosecution, penalty, or denial of right or privilege for such action by a primary caregiver.  The measure makes it unlawful for a person intentionally and willfully to misrepresent his or her status as a patient or primary caregiver.

The measure establishes the Colorado therapeutic cannabis commission and defines the commission's membership.  The measure sets forth the duties of the therapeutic cannabis commission, including the duty to issue licenses for the operation of therapeutic cannabis dispensaries, the duty to make recommendations to the general assembly concerning the enforcement of the new article, the duty to promulgate rules concerning certain matters such
as the therapeutic use of cannabis by patients who are less than eighteen years of age, and the duty to report annually to the governor and the general assembly concerning the degree of compliance with the new article by certain entities and concerning recommendations for statutory changes, research programs, and funding levels.

The measure allows the therapeutic cannabis commission to make recommendations to the governor concerning persons to be considered for a pardon or reprieve who were convicted prior to the enactment of the new article for nonviolent offenses relating to the use of cannabis as a medicine.  The measure directs the therapeutic cannabis commission to establish discussions between federal government agencies, state government agencies, and other interested parties to establish a cohesive transition where conflict of law may exist.  The measure provides the therapeutic cannabis commission with the power to issue subpoenas, hold hearings, compel testimony, and hire experts.  The measure also authorizes the therapeutic cannabis commission to assess reasonable licensing fees for the operation of therapeutic cannabis dispensaries.

The measure identifies the duties of the attorney general, the governor, the general assembly, state governmental agencies and agents, and state executive officers with respect to the implementation and enforcement of the new article.  The measure makes it the duty of a state executive officer who is unable to separate his or her personal beliefs from the implementation of the new article to resign his or her office.  The measure directs the general assembly to provide adequate funding levels to the therapeutic cannabis commission to accomplish the goals of the new article.

The measure includes provisions for severability, liberal construction, and self-execution of the new article.  The measure requires the governor, upon passage, to inform the President and Congress of the United States of America of the passage of the measure and to urge the repeal of the federal prohibition against therapeutic cannabis and the enactment of laws similar to or less restrictive than the new article.

The measure identifies an effective date.

The Office of State Planning and Budgeting estimates that costs for this measure would be $91,400 in cash funds, consisting of the costs of providing legal and administrative support to the general assembly, governor, and the Colorado therapeutic cannabis commission.  These funds ultimately would be provided from cash fees paid by therapeutic cannabis dispensaries.

The Department of Local Affairs has determined that there would be no direct fiscal impact on local governments resulting from the enactment of this measure.