Medical Cannabis Application Process

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MEDICAL CANNABIS APPLICATION PROCESS

• Patients must have a Debilitating Medical Condition for the use of medical cannabis

Qualifying Conditions:

• Cancer;
• Glaucoma;
• Positive for human immunodeficiency virus or acquired immune deficiency syndrome, or treatment for such conditions;
• Cachexia;
• Severe Pain;
• Severe Nausea;
• Seizures, including those that are characteristic of epilepsy, or;
• Persistent muscle spasms, including those that are characteristic of multiple sclerosis.
• A physician must sign the Physician Certification form for the patient.  The Colorado Department of Public Health and Environment provides the form on its website.
• The physician must be licensed to practice medicine in the state of Colorado and in good standing;
• There must be a bonafide physician-patient relationship;
• The physician provides the original or a copy of written documentation (Physician Certification) stating that the patient has been diagnosed with a debilitating medical condition and the physician’s conclusion that the patient may benefit from the medical use of marijuana
• The patient provides the Colorado Department of Public Health and Environment with the Medical Marijuana Registry Application form which includes:
• The name, address, date of birth, and social security number of the patient;
• The name, address, and telephone number of the patient’s physician, and;
• The name and address of the patient’s primary caregiver or the name of the medical marijuana center if one is designated at the time of application.
• The application, including the Physician’s Certification form, must be mailed with the following documents:
• A legible copy of a photo ID (driver’s license, state ID) that establishes Colorado residency for the patient;
• A legible photocopy of a photo ID  (driver’s license, state ID) that establishes Colorado residency for the caregiver (if one is designated);
• Application fee, ($90 check or money order payable to CDPHE);
• Mailed to:

Colorado Department of Public Health and Environment

Medical Marijuana Registry or MMR

HSVRD-MMP-A1

4300 Cherry Creek Drive South

Denver, CO 80246-1530

• Send certified or registered mail and keep a copy of the proof of mailing and all documents!
• Both the patient and the caregiver or medical marijuana center should have the original or a copy of:      
• The Application;
• The Physician’s Certification
• Proof of Mailing (certified or registered mail)
• It shall be an exception from the state’s criminal laws for any patient or primary care-giver in lawful possession of a medical marijuana registry identification card (the red medical marijuana license) to engage or assist in the medical use of marijuana when complying with Section 14, Article XVIII of the Colorado Constitution.
• The Colorado Department of Public Health and Environment (CDPHE) is required to verify the medical information contained in the patient’s written documentation and inform the patient of any denial within 30 days, or inform the patient of the approval not more than 5 days after the initial verification of medical information (inform the patient of the approval or denial within 35 days);

Prevent Common Mistakes– The Medical Marijuana Registry is returning a large number of medical marijuana application packets and medical marijuana change requests due to easily preventable mistakes. Below is a checklist that may help prevent some of the most common reasons for returning requests. Please take the time to review your materials to avoid having your request returned and delaying the issuance.

• Include a legible photocopy of your Colorado driver’s license or ID;
• Include a legible photocopy of your care-giver’s Colorado driver’s license or ID (if naming a caregiver);
• Use blue ink;
• No cross-outs and no whiteouts;
• The Change of Address/Caregiver form must be sent within ten days of the event (if the patient has moved or is changing caregivers);
• Signatures of patients must be notarized on both the original application and any change of address/caregiver form;
• The caregiver cannot be the notary;
• Use the current version of the application and other forms;
• Be sure to sign your check or money order;
• Be sure your check or money order is for the proper amount;
• The check or money order may only be for one patient;
• Forms must be submitted by the patient, not the caregiver or dispensary;
• All items in the application packet must be sent to the Registry at the same time and in one envelope. The Registry cannot match items sent separately;
• Incomplete application packets will be rejected and will be returned to the patient;
• The application packet must include:
• The application form;
• Physician’s Certification;
• Copy of patient’s and caregiver’s ID;
• Payment of the $90 fee, payable to CDPHE.

This document does not constitute legal advice nor does it create an attorney-client relationship.  The foregoing information is provided merely as a guideline regarding Section 14, Article XVIII of the Colorado Constitution, known as the Medical Marijuana Amendment.  This document does not advocate or recommend violating any local, state, or federal laws.  Although the U.S. Department of Justice issued a memorandum dated October 19, 2009, stating that federal resources should not be used to go after individuals in states that allow medical cannabis as long as those individuals are in clear and unambiguous compliance with existing state laws providing for the medical use of cannabis, cannabis plants, and cannabis in any form, amount, or for any use remains a violation of federal law.  Individuals in violation of any criminal law may face harsh penalties, including, but not limited to, jail, prison, fines, penalties, a criminal conviction, probation, and parole.  Any individual considering being a medical cannabis patient, caregiver, or involved with a medical cannabis business should consult with an attorney that is knowledgeable in this area of law.