People v. Fioco

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) defense cannot be raised based on such an after-the-fact assessment. Therefore, we affirm the judgment of conviction of defendant, Stephen S. Fioeo,…