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Boulder, CO 80302
303.442.8900

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

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!

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!

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."

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.

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!

Monday, January 18, 2010

Seattle dismisses all marijuana-possession cases

This is a repost from another blog. Click here to see original post.


Monday, January 18, 2010
Seattle dismisses all marijuana-possession cases

That's a decision of the new city attorney, who says he won't bring any new cases, either, unless there are extraordinary circumstances. (A pot-smoking King Kong climbs the Space Needle, threatening to eat Bill Gates?) This is because Seattle voters passed a measure making pot possession the absolute lowest priority for law enforcement. On the state level, Washington is considering measures to decriminalize or legalize marijuana.
Law Office of Craig Small