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The Colorado Legislature cannot impose restrictions to a medical marijuana affirmative defense that is expressly allowed under the stateâs Constitution, the Colorado Court of Appeals ruled Thursday.
In a case involving Palisade peach grower David Cox, a three-judge panel unanimously agreed that Coxâs use of that defense against multiple felony marijuana charges is protected under Amendment 20, the constitutional provision approved by voters in 2000 that legalized medical marijuana.
In 2019, Cox was acquitted on seven felony marijuana distribution and cultivation charges after law enforcement raided his Palisade home and warehouse in 2017.
During trial, Cox invoked that affirmative defense, saying he was intending to become a medical marijuana caregiver and industrial hemp entrepreneur.
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