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PEOPLE v. FIOCO

Court of Appeals No. 12CA1529.

342 P.3d 530 (2014)

2014 COA 22

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Stephen S. FIOCO, Defendant-Appellant.

Colorado Court of Appeals, Div. A.

Announced March 13, 2014.

Attorney(s) appearing for the Case

John W. Suthers , Attorney General, Gabriel P. Olivares , Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee

Douglas K. Wilson , Colorado State Public Defender, Kielly Dunn , Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant

Opinion by JUDGE WEBB

¶ 1 Section 14(4)(b) (the 14(4)(b) defense) of the Medical Marijuana Amendment (Amendment), article XVIII of the Colorado Constitution, creates an affirmative defense to the offense of cultivating marijuana, where the plants are needed for medical use. Whether this defense can be asserted based on a physician's assessment obtained after the offense has been committed presents a novel question. We conclude that the 14(4)(b)...

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