Colorado-Medical-Marijuana-Blog

Recently, a question has begun to arise among law officials and lawmakers in Colorado who work with medical marijuana laws in the state. Is a driver who is under the influence of medical marijuana a hazard on the road? The answer seems to be yes. New regulations have begun to present themselves in the form of large billboards seen along most major roadways such as Santa Fe Drive stating that anyone caught driving while under the influence of drugs – whether medically recommended or not, will be charged the same and prosecuted. Currently, a state Department of Public Safety group working with the issue is considering whether to re-introduce a bill limiting the amount of THC, the psychoactive chemical found in marijuana, a driver may have in their system when on the road. Earlier this year, when 2,600 blood samples were tested from drivers who had marijuana in their system, over 500 came back over the limit of 5 nanograms per milliliter, which is over the current per se limit. While most law officials agree that some sort of limit is needed, it has yet to be decided just what that limit should be.

When a couple in Larimer County was arrested last week for having $385,000 worth of marijuana plants in their house, they claimed they had a right to grow it for medical marijuana use. The 220 plants, along with numerous bags of packaged marijuana, drug paraphernalia, hallucinogenic mushrooms, marijuana growing materials and numerous firearms are confiscated from the couple’s home. Current medical marijuana laws dictate that a person with a state- issued medical marijuana card is legally able to grow up to six plants, and some believe that with the growing popularity of medical marijuana and medical marijuana dispensaries around the state, it is giving people an excuse to use and grow marijuana for personal use and hide under the cover of local and state laws. Until absolute, defined boundaries can be set in place, local law officials will have their hands full trying to keep the growing of marijuana limited only to those who actually use it for medical reasons.

A common complaint by those opposed to medical marijuana in Colorado is perhaps the smell of marijuana in general. Most dispensary owners are aware of this problem and are instructed by law to provide a clear ventilation system that will filter out all smells of product cultivation outside of the establishment. However, what about outside the establishment? While Colorado law permits patients to use medical marijuana for a variety of physical ailments, it cannot thoroughly stop patients from using the product in public. There will always be festivals, gatherings, sit-ins and general get-togethers where those who simply want to smoke will do so regardless of others around them. This issue falls under the same area as cigarette smokers. While there will always be those who believe it is their right to enjoy their product regardless of where they are, there will also always be those who believe it infringes on their right to clear air to breathe, untainted by the smell of either marijuana or cigarette smoke. 

Those business owners who had or were trying ar did  open medical marijuana shops in the city of Fort Collins and Longmont, Colorado have been left out in the cold with the recent voting results. Both Longmont and Fort Collins has placed a ban on all medical marijuana related activity in their city and owners who had previously established businesses are being forced to move their location outside the city limits. This has many businesses owners frustrated about losing their client base. If these businesses are forced to relocate outside the city limits, dispensary owners fear that those clients who have debilitating conditions and are unable to travel will not be able to make the trip outside the city to purchase the supplies they need. Although several lawmakers sympathize with the situation dispensaries are facing, they admit that medical marijuana laws are currently operating in a very gray area and city officials are forced to comply with state and local regulations.

As the legalization and use of medical marijuana in Colorado grows to new heights, Colorado law enforcers are finding themselves busier than ever with traffic violations related to marijuana usage. While all states currently have a law against driving while impaired, there are some lawmakers in the state of Colorado who are proposing to set an impairment standard which would allow prosecutors to charge drivers with a DUI if they have 5 nanograms of THC per milliliter of blood while behind the wheel.  Currently, Nevada and Ohio have a limit of 2 nanograms of THC per milliliter for driving and 12 other states have a zero-tolerance policy for driving while under the influence of any illegal substance. Arizona, Illinois and Rhode Island are just a few of these states with a zero-tolerance policy. Colorado has yet to set a limit for driving while under the influence of THC, but until a law is passed, those driving while under the influence of marijuana beyond the state-allowed limit for impairment will be prosecuted.

Some medical marijuana dispensaries in Boulder are finding keeping in constant compliance with the ever-changing medical marijuana laws in the state as well as in the city itself to be rather exhausting. For many dispensary owners, they find themselves running ragged trying to keep paperwork updated and keep themselves up-to-date on any recent changes in law when they feel that energy could be better spent operating their business and servicing their customers. And it’s not only the paperwork. Many owners are finding themselves becoming further and further in debt due to fees owed to the state for various compliance regulations. Some dispensary owners who operate million dollar businesses are finding it less and less likely that they will actually pull in a paycheck of their own due to fees owed. The tough part is that paying those fees will not guarantee these dispensaries will still obtain a license for the next year. However, those dispensaries who have established themselves in the city are determined not to let themselves be driven out by the changing laws and will continue to do all they can to make their businesses continue.