Colorado-Medical-Marijuana-Blog

A recent proposal aimed at allowing people to be trained who work in the medical marijuana business has just cleared the Senate and will now make its way to the House for a second vote. The proposal’s intention is to train employees working in the medical marijuana business in Colorado in state regulations as well as how to spot fake medical marijuana cards. This training would be similar to training that already exists for the alcohol industry. The Senate vote, which was carried out at the end of March, was 24-11 in favor of providing responsible medical marijuana vendors. If the proposal should pass, local medical marijuana dispensaries will be allowed to designate their own trained employees and in exchange, could be given a break if for some reason they were to run afoul of state regulations.

Owners of medical marijuana dispensaries in Colorado are finding it harder and harder to keep their businesses going and profitable as the state continues to pass stricter rules and regulations for business operation. Recently, the state made it mandatory for dispensary owners to have video surveillance cameras on 24/7 over their sales counter to record each and every transaction as well as a requirement that each store grow at least 70 percent of its marijuana itself. Dispensary owners feel that they are under too much scrutiny and that there is a lack of privacy which will result in patients simply going back underground to buy their product.

According to House Bill 1261, drivers in Colorado using medical marijuana while driving may be subject to a DUI arrest. The bill is intended to set limits on the amount of THC – the psychoactive ingredient in marijuana that a driver is allowed to have in their system while driving. House bill 1261, stating the amount of THC can only be 5 nanograms, has one more vote in the House before it moves on to the Senate. The Cannabis Therapy Institute, a Colorado-based medical marijuana advocacy organization, is currently urging supporters to oppose House Bill 1261, claiming the bill to be unnecessary and unfounded and is aimed at targeting medical marijuana patients for DUI arrests.

Boulder cannabis enthusiasts are enjoying stronger turnouts for the annual 4/20 rally. Last year, a crowd of around 10,000 people gathered together in what is referred to as the Norlin Quad near the University of Colorado campus. Approximately 20 to 25% of that number was estimated to be students of CU. Many cannabis users claim Boulder provides a more comfortable setting than Denver though spokespeople for CU tend to find the event annoying and not a very good representation of what the college is about. In the past, efforts have been made to deter the crowd of marijuana gatherers such as fertilizers on the lawn and turning on the sprinklers, but attempts have been unsuccessful. Police officials will be keeping an eye on the crowd but keeping a distance. However, any littering will be met with steep $1,000 fines.

Colorado medical marijuana patients are gearing up for what is known as International Cannabis Day on April 20^th. The gathering, which begins at 4:20 pm, has become a Colorado tradition as people get together to celebrate their favorite plant. The rally is held at Civic Center Park in downtown Denver and for the first time in Colorado history, the City of Denver has granted a permit for cannabis re-legalization activists to officially hold their rally in the park. In previous years, the rallies have been relatively small, mostly due to the inability to obtain a permit. However, this year’s rally is expected to have a record turnout. Many dispensaries, including Colorado Medical Marijuana, are expected to attend the rally to show their support as well.

Currently, the Bartkowicz case is the hot news surrounding medical marijuana in Colorado. As suspected, federal judges are making it a point to deny any state law or medical marijuana testimony. According to federal prosecution, federal law supersedes any state law – which is fundamentally correct. However, the defendant will not be allowed to provide any testimony or evidence that he was under the impression that he was within compliance with state mandated laws governing medicinal cannabis. It is quite obvious that federal prosecution is making an example of this case as to send an overall message about medical marijuana: “marijuana is still illegal in the eyes of the federal government, therefore it will not be supported or acknowledged in any way shape, or form”. Granted, the defendant made a colossal mistake going on the local news to brag about his growing operation. It is certainly in question whether or not he was actually in compliance. The point is, however, that he will not be given the chance to state his case. It will be interesting to see what repercussions come from the final verdict in this case.

Considering the national buzz surrounding the Bartkowicz case, it is no surprise that DEA and local agents have seized large crops in Broomfield and Pike National Forest. Both crops are believed to be illegal and far beyond caregiver crop size. Under the current law, caregivers and dispensaries are only allowed small crops in accordance with the number of patients they care for. In these cases, crops were reported to be in excess of 10,000 plants. Unfortunately, this excessive and illegal practice supports the case against Medical Marijuana in Colorado, as it shows the door opening for crime in the form of illegal crops. Opportunists will always exist, but this is the type of excessive practice that could very well create larger restriction or even prohibition of medical cannabis.

As Colorado medical marijuana law and industry grow, there remains one major incident that will forever scar the face of medicinal cannabis: The Bartkowicz trial. Many may recall the medical marijuana caregiver who interviewed with 9News and showed his home and medicinal cannabis crop. DEA agents quickly raided his home and confiscated his crop. Bartkowicz is set for trial in late September on charges of cultivating marijuana with intent to distribute. The accused claims that he believed he was within State compliance. Unfortunately, his crop was larger than State law mandates. Currently, Federal prosecutors are attempting to ban any Colorado State Law or medicinal intent as they believe it is irrelevant to the case. It is true that Federal law supersedes all State law. Conversely, the accused should have the right to provide evidence that he was under the impression that he was under State Law compliance with intent to distribute for medicinal purposes. It seems a bit unconstitutional to throw out the defendant’s case citing “irrelevance” when it really comes down to the prosecution fearing it would create sympathy and relevant argument to the defendant’s case. Prosecution has every right to point out to the jury that Federal law supersedes State law, however, throwing out all evidence in defense of the accused is underhanded at best and borders on unconstitutional.