Colorado-Medical-Marijuana-Blog

Many Colorado medical marijuana patients are finding access to the drug is being hindered by clashing state and federal laws. While the state of Colorado has made medical marijuana legal, federal laws still rule the substance illegal, and the conflicting viewpoints are affecting dispensaries to a large degree. One example is CannaMart, who applied for a business license in Centennial, Colorado to serve as a dispensary for medical marijuana. Although a business license was granted, it was revoked within a month. City officials claimed the owners were not honest on their applications and did not state they were a medical marijuana dispensary. City officials also claimed the business went against federal regulations. The owners and several patients who elide on the dispensary are filing a lawsuit against the City of Centennial in order to get the dispensary’s license reinstated. Centennial is not the first city to ban dispensaries. Earlier this month the City of Castle Rock, Colorado also banned medical marijuana dispensaries. While cities are trying to keep marijuana from becoming easily accessible to everyone, patients who rely on the drug to control medical conditions are finding it harder and harder to gain access to the drug and the relief it offers them.

On the surface there was good news for medical marijuana dispensaries in Colorado. Colorado Attorney General John Suthers presented his opinion that medical marijuana dispensaries can and should collect state sales tax adding a bit of legitimacy for themedical marijuana industry. In the opinion letter Mr Suthers suggested that dispensaries should be required to apply for and receive a sales tax license from the state to do business.

Gov. Bill Ritter's administration said that it would put the word out that dispensaries should plan to start paying sales tax and obtain a sales license tax license quickly. Medical marijuana caregivers of any kind should pay close attention to this latest news and prepare to collect more taxes. Attorneys and tax advisors are recommended in this ever changing business.

 

There is a bounty of problems facing today’s Colorado medical marijuana growers, but the main problem tends to be focused around caregiver rules and regulations. other isssues include legitimization and legalization. Although many growers follow state laws very closely, there are still those who use the cover of state laws to fund their own private marijuana growing and selling operations. States such as Colorado and California have strict state requirements for those who grow the substance for medical use, but even with these strict guidelines in place, there are still individuals who find their way around the rules. Locating these individuals from among the many legitimate growers is a full time job for law enforcement agents operating on both state and federal levels. Although medical marijuana is still considered illegal on a federal level, states such as Colorado allow patients to use the drug for medicinal use as recommended by a physician for physical and mental ailments. In the state of California last year, law enforcement officials pulled up 364,000 plants grown strictly for sale on the black market. However, officials did state that over 154 growers were left intact who were following the guidelines for medical use. The general consensus among people in the medicalmarijuana industry is that legitimate growers make Business more difficult and less profitable for the drug cartels south of the border.

The Colorado Bar Association will be hosting a one hour program through it’s CLE division to discuss the “legal Chaos” of medical marijuana laws in Colorado. The program will cover Federal Government vs. States Rights, Medical Marijuana caregiver rule changes and other facts about the media and the law when it pertains to medical marijuana. The class will be held on November 11^th 2009.

 

The rules and regulations are changing rapidly and attorneys are having a difficult time interpreting the laws themselves. The staff and management at (CMM) Colorado Medical Marijuana LLC consult regularly with a variety of attorneys practicing in Colorado and getting a variety of answers to one particular question is commonplace. At Colorado Medical Marijuana LLC we suggest consulting with several attorneys when addressing the big questions regarding the business side of medical marijuana.

 

In an effort to keep his store open, one store owner in particular who has taken advantage of the California medical marijuana loophole has begun selling other marijuana-based items in his dispensary, including baked goods such as pretzels and cookies, and has begun offering themes such as movie night to entice customers to his shop, claiming that these strategies encourage a friendly atmosphere and help people get to know one another in a friendly setting. Local activists, however, are continuously campaigning to have such stores closed down, claiming that by opening these stores near schools, the stores are catering more toward school age children and less toward patients who require the drug for medical use. Activists for medical marijuana in Colorado and California, say it is not about the drug, but about land-use issues.

In Colorado, medical marijuana is just beginning to see a small amount of growth. In California, this growth has already gotten out of control. In 2003, only a handful of dispensaries existed, but thanks to a legal loophole known as a hardship exemption, that number jumped to 183 by 2007. This loophole has allowed dispensaries to open with hardly any paperwork or permits. According to officials, nearly 600 California dispensaries took advantage of the loophole. In order for Colorado to keep from following in California’s footsteps, action will have to be taken to ensure that such loopholes do not exist under Colorado state law. Some shop owners in California have learned how to manipulate the loophole to well that they have been able to make setting up medical marijuana dispensaries almost a turn-key business. For lawmakers, stricter regulations will be essential to ensure that stores cannot simply open anywhere, especially near schools. Strict regulations are imperative in keeping medical marijuana purely for medical use.

Medical marijuana in Colorado is currently legal, made so by a voter-approved amendment to the state constitution. However, there are some who claim that the overall legalization of the drug could benefit the state in more ways that one. The biggest benefit is said to come in the form of lowering black market sales, most specifically to teens, by making marijuana more easily accessible. One theory is that by making the drug available, teens will not be pressed to seek out black market buying options, which tend to lead to the purchase of harder drugs such as cocaine.

In the Netherlands, marijuana was made available in coffee shops, lowering the tendency for teens to gravitate toward cocaine to one in one thousand. The rate among U.S. teens gravitating from marijuana to cocaine at the time of the study was 1.7%, more than five times as prevalent. This statistic is enough to give marijuana legalization further consideration.

The biggest barrier to gaining access to the Colorado medical marijuana registry is most likely to be cost. Because there are no general funds allotted to the program, users are required to pay around $100 in fees to be a registered user. Also, all applications, renewals and requests for change must be submitted as a hard papery copy via mail, with changes made in blue ink and must include a copy of the patient’s Colorado identification.

Not all applications will be accepted, however. Recently, four applications were denied due to lack of scientific evidence that medical marijuana usage provided any beneficial effect. Among those rejected were cases of Parkinson’s Disease, Asthma, Anxiety and Bi-Polar Disorder. Although acceptance is carefully screened, Colorado has currently used over 6,700 registry ID cards. The renewal rate is 56 percent.

Citizens who would like to submit in writing any comments on the proposed changes to the Colorado medical marijuana registry program are strongly encouraged to do so before May 15, 2009 in order to have those comments reviewed before the hearing date of June 20, 2009. Anyone who has previously submitted a comment is asked not to resubmit.

All comments that have been submitted since February 10, 2009 will be included in the review and any oral testimony will be kept to five minutes or less depending on the number of people planning to testify. New comment submissions can be sent by e-mail to cdphe.medicalmarijuanaregulations@state.co.us by May 15, 2009.

If celebrities in the U.S. get their way, Colorado medical marijuana growers could possibly see a boost in sales. Pushing for marijuana legalization is Mexican singer and guitar player Carlos Santana, who stated that legalization of the drug would offer more opportunities for the country to divert funds currently used to prevent marijuana use to more needy programs such as teachers and education. During a recent online town hall meeting, President Obama said he did not think the legalization of marijuana was good economic policy. Celebrities such as Santana continue to advocate for the drug’s legalization in the country.