Leading the Way

A Tour of Colorado’s Groundbreaking Cannabis History

There’s a loosely translated quote from Victor Hugo that goes “nothing is stronger than an idea whose time has come.” I believe it’s an excerpt from his signature novel, Wikiquote, but regardless, it’s an apt description of the medical cannabis movement.

Cannabis has been used medicinally since at least 2737 BCE. Across cultures and continents, the plant provided relief from the symptoms of rheumatism, cholera, arthritis, gout, malaria and—more recently—for multiple sclerosis, as well as easing the pain caused by HIV medication and chemotherapy. Its medical benefits were not contested by doctors or religious mystics.

The 20th century culture of the United States, however, created a climate that spurred on a widespread and often racially charged backlash against cannabis users. In 1937, the federal government enacted the Marihuana Tax Act, which made non-medical use of marijuana illegal, but also prohibited its cultivation—or even the growth of hemp. Cannabis’ enemies turned the plant into a symbol of a rebellious subculture rather than a medicine. Debate persisted through the following decades, but the medical benefits of cannabis went legally unrecognized for 59 years.

California may have been the first state in the union to legalize medical marijuana in 1996, but the functionality of the MMJ industry in Colorado arguably contributed to the passage of a widespread legalization bill, whereas such efforts in the Golden State were previously defeated. In 2000, the same year George W. Bush was elected, Coloradan voters passed Amendment 20. Codified in article XVIII, section 14 of the Colorado state constitution, the amendment allowed possessors of a Medical Marijuana Registry Identification card with a strictly qualified medical condition to possess up to two ounces and grow up to six plants.

The earliest dispensaries in Colorado were often little more than delivery services, as reports of Bush administration raids on dispensaries elsewhere made local caregivers understandably nervous to stick their necks out with a retail location. The burgeoning industry was furthermore hindered by 2004 legislation that restricted caregivers to serving only five patients. Sensible Colorado sued the state to overturn the law and finally happened in 2007.

In 2009, the proliferation of dispensaries and the subsequent boom in the MMJ industry was largely a result of Barack Obama’s election. President Obama and Attorney General Eric Holder vowed not to prosecute the sale of cannabis if the retailers complied with state laws, which is why hundreds of green crosses popped up in empty storefronts across Denver within the few months following the election. The Colorado Department of Health developed a regulatory framework for the medical marijuana industry in August 2009, but the issue has been at the center of a game of legal back-and-forth ever since. The definition of caregiver has changed, and dispensaries have scrambled to keep up with a Kafkaesque litany of regulations that have forced many dispensaries to close up shop. In the meantime, the Obama Department of Justice has raided more dispensaries than Bush’s ever did.

The Obama administration’s failure to follow through on its campaign promise alienated many patients and caregivers in the MMJ business. As such, dispensaries have taken down their “Hope” and “Change” posters, and one rarely sees Obama’s face emblazoned on water pipes anymore.

Though news anchors seem constitutionally incapable of getting through a story about MMJ without resorting to lame punnery, the science of medical cannabis has convinced many former skeptics, thanks in large part to the testimonies of gravely ill patients who find relief through this ancient, venerated plant.

Our MMJ industry faces many opportunities and many challenges ahead. The passage of Amendment 64—which will create a state-sanctioned, voter-approved recreational cannabis marketplace—may be a game-changer. Thanks to the efforts of activists like Brian Vicente, Rob Corry, Miguel Lopez and Mason Tvert to name only a few, Colorado’s cannabis history will continue to evolve to the benefit of our state’s citizens and, specifically, our patients and caregivers.