Last night I attend ACT4CO's open meeting with Barbara Gold, MMED Auditor. Barbara is the Department of Revenue's drafter of the MMED Forms that we are all struggling to understand and complete.
Barbara was a fantastic speaker and provide a ton of good information as we all take part in this evolution of a new industry. There are few particular points from last night I want to share with the medical marijuana community.
First, most of the forms are voluntary! You do not have to use the DOR forms to track the data points they are requiring you to track. If you want you can create your own forms or modify your own POS systems to track this information and spit it out in a report if you are audited.
One form that is mandatory is the Transportation Manifest. This form must be filled out, sent to the DOR and approved by the DOR before transporting any medical marijuana from one business to another. The DOR approval staff is a little overworked and their response times are uncertain. It is to your benefit to submit requests for transportation at least 4 days before you actually plan on transporting mmj.
One work around to this delay is to regularly send in Transportation Manifests whether you actually transport the mmj or not. Barbara specifically stated that there is no penalty for cancelling an approved transportation run. Sorry Barbara for the extra work but some business are devastated when their Transportation Manifests are not approved in a timely manner.
As always, I hope this information is helpful but it is no substitute to seeking the advice of counsel as we participate in the greatest industrial revolution of our generation!
Thursday, August 4, 2011
Friday, May 20, 2011
Colorado State Occupational Licensing
Well, we all knew that the Department of Revenue: Medical Marijuana Enforcement Division was going to require occupational licenses for employees working in this industry. They finally released the application and I urge all medical marijuana businesses to being submitting these occupational license applications for all employees.
If you have any questions or concerns please contact your attorney!
Here is the link to the applications: http://www.colorado.gov/cs/Satellite/Rev-Enforcement/RE/1251575119584
If you have any questions or concerns please contact your attorney!
Here is the link to the applications: http://www.colorado.gov/cs/Satellite/Rev-Enforcement/RE/1251575119584
Tuesday, May 3, 2011
Moratorium Extension stripped from Colorado Bill!
Great news for those trying to get their foot in the door in the Colorado medical marijuana industry. The Colorado Senate has stripped the provisions in HB1043 that would have extended Colorado's moratorium on new businesses for another year.
This would have meant that only those businesses that were licensed by their local jurisdictions by July 1, 2010 would have been able to continue the application process. During this application process, those businesses are allowed to remain open and available to their patients.
With the extension stripped, the moratorium on new medical marijuana businesses will expire on July 1, 2011. We still need to see if HB1043 passes, but if it does, then it is open season for new medical marijuana businesses!
If you are interested in opening a medical marijuana business, contact the Law Office of Craig Small and let's get going!
This would have meant that only those businesses that were licensed by their local jurisdictions by July 1, 2010 would have been able to continue the application process. During this application process, those businesses are allowed to remain open and available to their patients.
With the extension stripped, the moratorium on new medical marijuana businesses will expire on July 1, 2011. We still need to see if HB1043 passes, but if it does, then it is open season for new medical marijuana businesses!
If you are interested in opening a medical marijuana business, contact the Law Office of Craig Small and let's get going!
Wednesday, April 20, 2011
New Department of Revenue Regulations and Deadlines
I have completely slacked off on posting information in this blog. It is high time I get back to disseminating information you need to stay compliant with Colorado's medical marijuana program.
First off, the Department of Revenue: Medical Marijuana Enforcement Division (MMED) bond is due by May 1, 2011. For all businesses that have a Medical Marijuana Center or Infused Product Manufacture application pending with the MMED you MUST download their bond form, obtain a surety and file the bond with the MMED. No exceptions!
Second, the MMED has released 77 pages or regulations that go into enforcement on July 1, 2011. Know these regulations! They are very complicated and I highly suggest you have an attorney formulate policies and procedures to ensure compliance. These policies and procedures will go a long way towards showing good faith compliance should you fall on the wrong side of the line!
First off, the Department of Revenue: Medical Marijuana Enforcement Division (MMED) bond is due by May 1, 2011. For all businesses that have a Medical Marijuana Center or Infused Product Manufacture application pending with the MMED you MUST download their bond form, obtain a surety and file the bond with the MMED. No exceptions!
Second, the MMED has released 77 pages or regulations that go into enforcement on July 1, 2011. Know these regulations! They are very complicated and I highly suggest you have an attorney formulate policies and procedures to ensure compliance. These policies and procedures will go a long way towards showing good faith compliance should you fall on the wrong side of the line!
Thursday, September 30, 2010
City of Boulder Extends Application Deadline
In an effort to work with local businesses, the City of Boulder recently extended it's medical marijuana business applications to October 31, 2010 for all medical marijuana businesses.
If you haven't turned in your application yet, please do so as soon as possible.
Below is an excerpt from the city's website.
"The city recognizes that this is a new process for everyone involved and that many business owners are trying to work within the city's system. As a result, City Manager Jane Brautigam has made the decision to extend the application deadline for all pre-existing medical marijuana businesses to Oct. 31. To avoid possible delays in the processing of applications and to secure priority of location, business owners are encouraged to file applications as soon as possible, but all completely and correctly filed applications received prior to Oct. 31 will be considered."
If you haven't turned in your application yet, please do so as soon as possible.
Below is an excerpt from the city's website.
"The city recognizes that this is a new process for everyone involved and that many business owners are trying to work within the city's system. As a result, City Manager Jane Brautigam has made the decision to extend the application deadline for all pre-existing medical marijuana businesses to Oct. 31. To avoid possible delays in the processing of applications and to secure priority of location, business owners are encouraged to file applications as soon as possible, but all completely and correctly filed applications received prior to Oct. 31 will be considered."
Monday, June 7, 2010
HB 1284 is now the law!
If you haven't thought about becoming HB1284 and SB109 compliant yet, you will have to now!
Ritter signs medical marijuana regulations
(AP) – 3 hours ago
DENVER — Colorado's medical marijuana industry will now have to follow new statewide regulations.
Gov. Bill Ritter on Monday signed two bills passed by state lawmakers this session to rein in the growing number of marijuana dispensaries and growers.
Both laws take effect immediately.
One requires that only doctors in good standing be able to recommend medical marijuana. The other sets up a uniform set of rules for marijuana dispensaries and growers statewide.
Cities and counties are able ban dispensaries within their borders. In places where they're allowed, owners will have to undergo criminal background checks. Dispensaries must grow 70 percent of their marijuana, a provision aimed at keeping tabs on where the drug is being sold.
Copyright © 2010 The Associated Press. All rights reserved.
Ritter signs medical marijuana regulations
(AP) – 3 hours ago
DENVER — Colorado's medical marijuana industry will now have to follow new statewide regulations.
Gov. Bill Ritter on Monday signed two bills passed by state lawmakers this session to rein in the growing number of marijuana dispensaries and growers.
Both laws take effect immediately.
One requires that only doctors in good standing be able to recommend medical marijuana. The other sets up a uniform set of rules for marijuana dispensaries and growers statewide.
Cities and counties are able ban dispensaries within their borders. In places where they're allowed, owners will have to undergo criminal background checks. Dispensaries must grow 70 percent of their marijuana, a provision aimed at keeping tabs on where the drug is being sold.
Copyright © 2010 The Associated Press. All rights reserved.
Wednesday, February 3, 2010
SB109 to go the the House Judiciary Committee on Feb. 4!
Proponents for and against Colorado's medical marijuana industry have called for regulation and a lot of proposes ideas haven't gotten very far.
Well, SB109 is a bill that is steadily working it way through the Colorado legislature. If you are against SB109 you had better speak up now or forever hold your peace.
House Judiciary Committee
Hearing on SB109
Thursday., Feb. 4, 2010
Time: 1:30pm
Location: Old Supreme Court Chambers
2nd Floor on the North Side
State Capitol Building
200 E. Colfax, Denver, CO
For last-minute updates and changes, call the Bill Room:
(303) 866-3055
Click here for more information on the bill itself.
Ultimately, I agree with the legislatures underlying reasoning for regulation on the relationship between the doctors and the dispensaries but I am adamantly against the regulations that interfere with the doctor/patient relationship and confidentiality.
I would not want pharmaceutical companies sponsoring doctors to write prescriptions for their medications; why should medical marijuana be any different? If dispensaries want to "court" doctors and give them perks, that's fine.
However, any regulation that is designed to treat doctor's who make medical marijuana recommendations any different that other doctors is an unreasonable intrusion on the doctors and patient's rights.
This bill requires the recommending doctor to perform a complete physical on a patient before issuing a physician's recommendation. To my knowledge, this requirement isn't found in any other area of medicine. Patients usually have a primary physician that performs these checkup and, when a problem is found, the doctor refers the patient to a specialist. Physicians familiar with the benefits of medical marijuana are specialists in this field. They should only be held to the same standard as any other medical specialist.
Finally, to address the issue of fraud by the physicians. There is already a regulatory administrative agency to deal with physicians that abuse their credentials. It is called the Department of Regulatory Agencies. People can file complaints against doctors and the agency will act on them. In these dismal economic times it makes no sense to create additional bureaucratic costs to create a solution that already exists!
I encourage the Colorado legislature to vote no on SB109 in its current form. Please make your voice heard!
Well, SB109 is a bill that is steadily working it way through the Colorado legislature. If you are against SB109 you had better speak up now or forever hold your peace.
House Judiciary Committee
Hearing on SB109
Thursday., Feb. 4, 2010
Time: 1:30pm
Location: Old Supreme Court Chambers
2nd Floor on the North Side
State Capitol Building
200 E. Colfax, Denver, CO
For last-minute updates and changes, call the Bill Room:
(303) 866-3055
Click here for more information on the bill itself.
Ultimately, I agree with the legislatures underlying reasoning for regulation on the relationship between the doctors and the dispensaries but I am adamantly against the regulations that interfere with the doctor/patient relationship and confidentiality.
I would not want pharmaceutical companies sponsoring doctors to write prescriptions for their medications; why should medical marijuana be any different? If dispensaries want to "court" doctors and give them perks, that's fine.
However, any regulation that is designed to treat doctor's who make medical marijuana recommendations any different that other doctors is an unreasonable intrusion on the doctors and patient's rights.
This bill requires the recommending doctor to perform a complete physical on a patient before issuing a physician's recommendation. To my knowledge, this requirement isn't found in any other area of medicine. Patients usually have a primary physician that performs these checkup and, when a problem is found, the doctor refers the patient to a specialist. Physicians familiar with the benefits of medical marijuana are specialists in this field. They should only be held to the same standard as any other medical specialist.
Finally, to address the issue of fraud by the physicians. There is already a regulatory administrative agency to deal with physicians that abuse their credentials. It is called the Department of Regulatory Agencies. People can file complaints against doctors and the agency will act on them. In these dismal economic times it makes no sense to create additional bureaucratic costs to create a solution that already exists!
I encourage the Colorado legislature to vote no on SB109 in its current form. Please make your voice heard!
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