Statute for 18 – 18 – 413 – Marijuana Registry Identification – Unlawful Acts
Here is the charge you are facing:
18-18-413. Authorized possession of controlled substances
A person to whom or for whose use any controlled substance has been prescribed or dispensed by a practitioner may lawfully possess it, but only in the container in which it was delivered to him unless he is able to show that he is the legal owner or a person acting at the direction of the legal owner of the controlled substance. Any person convicted of violating this section commits a class 1 petty offense.
When you look at the Statute, you may have questions about definitions of certain words or how the Colorado Court will interpret certain phrases. To answer these questions, Defense Attorney turn to "case law." That is, lawyers look at previous cases to determine how these words and phrases should be defined and interpreted. The best way to locate caselaw for free is to go to google scholar and search for legal opinions involving your charges from Colorado courts. Remember to talk to your attorney about any issues in your case and how the lawyer believes that the issues should be handled.
Colorado Penalties for Marijuana Registry Identification – Unlawful Acts
The charge of Marijuana Registry Identification – Unlawful Acts, is categorized as a:
Click here to find out how much jail time is associated with this penalty.
How to Use This Information
After you have hired a CO Defense Attorney, you will need to sit down with him to talk about the strengths and weaknesses of your case. To begin this process, you should think about what the prosecutor will attempt to show in order to say that you are guilty. This involves analyzing the statute language above as well as the jury instructions (which is the set of instructions that the jury will use to understand the law). This will allow you to get a better idea of how you can attack the prosecutor’s case and build your own case. So to begin, you should understand that the prosecutor will need to prove certain things beyond a reasonable doubt for you to be found guilty. These things are called “elements”.
The jury will be notified of the elements through a set of instructions called “Jury Instructions.” The Jury Instructions will be crafted by your attorney and the prosecutor. Your CO Defense Attorney will mold the jury instructions to your case, adding facts that are specific to the case and omitting unnecessary parts of the instructions.
Please find the model jury instruction for Marijuana Registry Identification – Unlawful Acts below. These will be adapted by your CO Attorney for your case.
The elements of marijuana registry identification ? unlawful acts are: 1. That the defendant, 2. in the State of Colorado, at or about the date and place charged, 3. [fraudulently represented a medical condition to [a physician] [the Department of Public Health & Environment][a state or local law enforcement official] for the [purpose of falsely obtaining a marijuana registry identification from the department] [purpose of avoiding arrest and prosecution for a marijuana related offense.] – or ? [[fraudulently used] [knowingly committed the crime of theft of] any other person?s marihuana registry identification card.] – or ? [[fraudulently produced] [knowingly counterfeited] [knowingly tampered with] one or more marijuana registry identification card(s).] – or ? [knowingly released or made public any confidential record or any confidential information contained in any record that was provided to or by the marijuana registry of the Department of Public Health & Environment, 4. without the written authorization of the marihuana registry patient.] [4. or 5. without the affirmative defense in instruction number ____.] After considering all the evidence, if you decide the prosecution has proven each of the elements beyond a reasonable doubt, you should find the defendant guilty of marijuana registry identification ? unlawful acts. After considering all the evidence, if you decide the prosecution failed to prove any one or more of the elements beyond a reasonable doubt, you should find the defendant not guilty marijuana registry identification ? unlawful acts. NOTES ON USE Delete inapplicable bracketed material. The definition of ?knowingly? should be given with this instruction. Where applicable, the elements of ?theft? shall be given. The Colorado Department of Health & Environment must process the applications of patients who wish to qualify for and be placed on the confidential registry for medical marijuana use. The Department must issue marijuana registry identification cards when the person qualifies. ? 18-18-406.5 (1)(e), C.R.S.
To begin the process of analyzing your case, think about your case from the perspective of the prosecutor. Think about the facts that the prosecutor will have to prove to establish each element. Next, sit down with your Denver Colorado Criminal Defense Attorney and talk about some of the legal ways that you can use to counter the prosecutor’s evidence. Talk to your attorney about whether he thinks any of the prosecutor’s evidence can be kept out of court. For example, if you were illegally searched, your attorney may be able to keep the things that were found, as a result of that illegal search, out of court. Additionally, talk to your attorney about whether you have any defenses to Marijuana Registry Identification – Unlawful Acts.
Don’t Forget about Immigration:
If you are not a U.S. citizen, be sure to ask your attorney whether your charges will trigger deportation if you are found guilty or plea to the charge.
The information in this post is for informational purposes only and should not be construed as legal advice or as the creation of an attorney-client relationship. For legal advice, please contact an Attorney.