Marathon Hearing In Colorado Produces MMJ Bill Rewrite

Cannabis News March 7th, 2010

Big thanks to Marc Emery for reaching out to us for an update and posting it on Cannabis Culture

By Tim Martin, Cannabis Culture – Friday, March 5 2010

CANNABIS CULTURE – The debate over a Senate bill to regulate medical marijuana dispensaries in Colorado stretched on for hours, and concluded with plans for a rewrite of the bill.

Forgive me as I try to recall over 10 hours of testimony on Colorado Senate Bill 1284 given to the House Judiciary Committee. The bill would regulate medical marijuana in Colorado, and specifically addresses dispensaries, which are not actually mentioned in our Constitutional Amendment 20, but are being considered under the explosion of industry here in Colorado and other states.

The City of Denver has already implemented regulations on dispensaries and in doing so has generated more than $1 million dollars in licensing fees alone in just over a month.

To say the least, the repercussions are huge and far-reaching for SB 1284. The Bill would create a licensing system for dispensaries, and growers – but, it contains many things that medical marijuana proponents feel are unfair and far-reaching.

Rob Corry, who many of you know as a leading and local flame-throwing attorney who, it could be argued, is solely responsible for saving Colorado medical marijuana on numerous occasions, and for burning and burying the last attempt to regulate the system here in Colorado by Senator Chris Romer.

Corry has said SB 1284 is purely unconstitutional. For instance he says a provision in the bill that would allow local municipalities to ban dispensaries outright is a violation of patient’s constitutional rights. (Colorado is the only medical marijuana state with the law built into the State Constitution.)

I have sat with Rob Corry many times and gone over the multiple regulations and bills that have popped up in Colorado over the past year, and in each one Corry will go line by line doing a great job ripping apart every provision as being a violation in some way of the Constitutional amendment. He says to expect many lawsuits if the bill does make it through. Another provision that would have made dispensaries in Colorado non-profit was removed just before testimony started. Many politicians didn’t think it was a great idea to refuse millions of dollars in tax revenue because non-profits can’t be taxed like full retail operations.

It was a very important and groundbreaking event, and testimony started with some of the most powerful words spoken by both medical marijuana patients, and law enforcement.

Kevin Grimsinger – an Iraq war veteran who during Operation Enduring Freedom triggered a land mine and is now lucky to be alive, but a paraplegic with a severe brain injury – gave very emotional testimony to start. He asked the board why, if he has fought in some of the most dangerous places on earth for our country and freedom, can’t he have a place to safely use his medicine here at home.

“These centers provide a safe haven to not only purchase medical cannabis, but also to protect persons who might be going through similar life circumstances,” Grimsinger said. Not a caregiver near me had a dry eye during his words. A provision in the bill would ban on-site consumption of marijuana, and that creates a problem for veterans in government housing, because they are not allowed to use marijuana at their home. It seemed the committee was also impacted by the many veterans and disabled patients who approached the podium for their allotted three minutes. Many asked to make sure the most important part of medical marijuana in Colorado is not forgotten, asking that patient’s rights and safe access to be kept intact.

Once the law enforcement and prohibitionists started to be called up, it seemed never ending. Hours upon hours of testimony with reefer madness, and talk of dispensaries creating mass crime seemed never ending and like a plan to out-wait some of the patients and pro-med marijuana people, who were patiently waiting for their time to speak. It seemed to work as by the end of testimony many on our side had gone home because the war of attrition had won out because their disability just wouldn’t allow them to sit for the 10 hours plus needed to finish testimony from everyone.

One of the most harped-on elements of the night from law enforcement was what I mentioned above, that dispensaries cause crime. One after another, Police Chief and officer approached the committee to tell of increased crime rates, and how the streets will be filled with children smoking marijuana.

One officer even said, “…drug money is the new milk money…”. The committee responded very well to these claims and brought up comments by the Los Angeles Police Chief who stated dispensaries are not any more of a crime spot than banks or liquor stores. In fact it was read into record in Colorado liquor stores and banks are targets of crime almost twice as much as dispensaries are, and the stats are backed up by other cites with dispensaries like Los Angeles as well.

I personally signed up to testify and spoke for the many marijuana offenders out their in Colorado, as I am a marijuana felon myself. I plead guilty to possession of eight ounces or more of marijuana in 2007, and under the current bill I, and any other felon or drug related misdemeanor “criminal” would not be allowed to open or operate a dispensary. I told the crowd that we are a country of second chances and if we can meet the politicians and law enforcement in the middle on many of these regulations, they should meet some of us in the middle and create a provision to allow those in my shoes to make amends and be allowed to participate in this pioneering industry.

People like me are punished over and over for their so called “mistake” of being involved with marijuana, even though many of us have paid our fair share and then some for the so called “crime”. It is my life’s passion to grow marijuana and I would be no prouder than to say I am a regulated farmer and provider of this great medicine, I told them. I hope they listened to all of us who spoke.

Ultimately, I was very proud of the House Judiciary Committee and their knowledge of medical marijuana and the flow of the supply chain. It was obvious many of them had spoken to their constituents, and they had no issue with challenging anyone on any reefer madness that was brought up.

Amendments to SB 1284 were not made last night, but there will be changes, the Committee concluded. So, let’s hope the changes are positive and Colorado can stand tall as being one of the first States to fully accept a system of regulation.

To add to it all, the bill states Colorado officials must petition the government to reschedule marijuana to a Schedule II drug.

The pressure continues. Won’t you join us?

Tim Martin, also known as John Doe, is the lead host and show producer of John Doe Radio.

Denver City Council Passes Medical Marijuana Dispensary License Regulations

Cannabis News January 12th, 2010

By Associated Press

10:47 PM MST, January 11, 2010

DENVER (AP) — Denver’s City Council has passed proposed rules for medical marijuana dispensaries in the city.

The rules are set to take effect March 1 but could change depending on what happens in the state Legislature. A voter-approved state law allows marijuana use for medical reasons but doesn’t regulate dispensaries.

The Denver rules would prohibit dispensaries within 1,000 feet of schools, day cares and other dispensaries. Felons convicted within the last five years would be barred from running shops. Dispensary owners would have to be licensed, pass a criminal background check, pay a $2,000 application fee, and pay $3,000 a year to renew licenses.

More than 90 people signed up to comment on the proposals at a City Council meeting Monday.

________________________________________________________________________

The John Doe Radio Show Live blogged the event from Twitter and Facebook.  We also streamed the audio from Denver Public Television on The JDR Stickam page.  We will continue to bring you coverage of the Colorado State Legislature and it’s moves to regulate Medical Marijuana, and also try to eliminate dispensaries.  Without standing firm we will lose this freedom and new industry.  We could show the rest of the country how to do it correctly, or we still have the chance to watch it all go up in smoke.

CO Senator Romer Drops Medical Marijuana Regulation Bill; Presents Idea for Two More Bills

Cannabis News January 10th, 2010

BREAKING NEWS: Robert Corry per his Facebook account says Colorado Senator Romer has pulled his 39 page Medical Marijuana Bill from consideration.

Something smells fishy though.  No one works as diligently as he did just to give up.  But, Rob Corry did present one heck of an argument.  And by the time I got done editing this entry I found whats next on Sen. Romer’s Huff Post Blog:

http://www.huffingtonpost.com/chris-romer/colorado-medical-marijuan_b_417488.html

“So where do we go from here? In order to buy a few weeks for Janice and others to mobilize, we now will divide the legislation into two bills. The first bill, which I will sponsor in the Colorado Senate, will deal solely with the need for a meaningful doctor patient relationship to get a MMJ referral and the creation of a 24-hour per day registry for patients. This is the one part of the bill that most reasonable people can agree on.

The second bill dealing with dispensaries and growing operations will start in the House and most likely will be very similar to the Sheriff Association’s proposed legislation, including a five patient cap per caregiver. I will continue to fight for clinics to serve patients like Janice, but I am getting increasingly skeptical that either side understands her needs.

What a shame. We really could have set the national model for medical marijuana including research and sophisticated evidence-based medicine, but the same old fight on both sides–and the failed status quo–appears to have prevailed….”

He wants a fight.  He is really gonna get one now.

ALERT: Denver City Council Public Hearing on Med MJ Regulations is this Monday

Cannabis News January 7th, 2010

This information is HUGELY important to pass on as most people are going to show up on Tuesday to give testimony.  We need you to be there on Monday giving your opinion and testimony.

Thanks to Cannabis Therapy Insitute for keeping on top of this and for the info below.  We should have Laura Kriho from CTI on the show soon I hope to talk about what good things they are doing.

*Denver City Council Public Hearing*
Mon. Jan. 11, 2010

Please copy and redistribute!

Dear medical cannabis supporters:

The Denver City Council will hold the Final Hearing and Public Comment on
Council Bill 34: Medical Marijuana Dispensaries Regulation. You can read
the latest version here:
http://www.cannabistherapyinstitute.com/bills/

The most onerous and burdensome provisions of the ordinance still remain in
the final draft, and many are blatantly unconstitutional This ordinance
will restrict a patient’s Constitutional right to have safe access to their
medicine and to decide who may be their caregiver. The ordinance allows
searches without warrant or even probable cause, in violation of the Fourth
Amendment. The ex post facto nature of the law (making previous legal
activities illegal) undermines the Constitution from yet another angle.

The City of Denver aims to recriminalize patients and their caregivers,
force small businesses out of town, and allow only for mega-dispensaries to
be able to afford to operate. It does nothing to address the real needs of
patients to have more access to less expensive medicine or to protect them
from discrimination and prosecution. Please contact the Denver City Council
and ask them to vote NO on this proposed ordinance and attend the public
hearing if you can on Jan. 11.

1) Denver City Council

Final Hearing and Public Comment
Council Bill 34: Medical Marijuana Dispensaries
When: Mon., Jan. 11, 2010
Time: Council Meeting starts at 5:30 pm
Where: Council Chambers, Room 450
City & County Building,
1437 Bannock Street, Denver, CO
On the west side of the Civic Center Park.

Special Rules for the Public Hearing
It looks like the City of Denver expects a contentious hearing, because
they have put together a special list of rules in case any medical cannabis
patients, caregivers or advocates engage in “disruptive behavior” in their
exercise of their First Amendment rights.

Some of the special rules include:
- limiting total testimony to 2 hours
- will not let anyone testify if they don’t fill out a Speaker Card and
turn it in to staff by 5:30pm
- will limit testimony to 2-3 minutes
- will allow no standing room; so everyone get there

Here is a link to the all the rules:
http://www.denvergov.org/Default.aspx?alias=www.denvergov.org/citycouncil

2) Contact the Denver City Council
Denver City Council Main Office
City & County Bldg.
1437 Bannock St., Rm. 451
Denver, CO 80202

Phone: 720-865-9534
Fax: 720-865-9540
Email: dencc@denvergov.org
Web: http://www.denvergov.org/CityCouncil

*Main Point*
The main point we want to get across is for the Denver City Council to vote
NO on the proposed Medical Marijuana Ordinance and replace it with a Study
Group to study the issue and make recommendations.

*Sample Phone Script*
First, introduce yourself. If you are a patient, tell the City Council how
cannabis has helped you. Then say something like:
“Could you please tell the City Council to vote NO on the Medical Marijuana
Ordinance. The ordinance should be rejected in its entirety and replaced by
a Study Group, composed of patients, caregivers, law enforcement, and
physicians. The Study Group should research reasonable regulations for the
City of Denver that will protect patients and allow them safe access to
affordable medicine.”

*Talking Points*
You can use any of these talking points in your phone calls, emails,
postcards or faxes:

1) The restrictions contained in the Denver ordinance will:
� Restrict a patient’s Constitutional right to have safe access to their
medicine.
� Drive prices up
� Eliminate small businesses: Only well-funded dispensaries will be able to
afford to operate.
� Drive smaller businesses back underground into the black market.
� Reduce variety and consistency of medicines by reducing competition
2) No restrictions on density.
The Denver ordinance enacts the restrictive zoning requirements that
dispensaries should not be within 1000 feet of each other. Medical cannabis
businesses are not all the same, and different businesses serve different
needs. To put arbitrary limits on density will force patients to go farther
and pay more for their medicine.
3) No restrictions on caregiver traits.
The Denver ordinance would deny a dispensary license to any person who had
been convicted of a felony in the last five years. Restrictions on
caregiver personal traits are un-Constitutional. There should be no
background checks or tests of moral character to be a caregiver. Ninety
percent of all Coloradans may be eligible to be part of the Medical
Marijuana Registry at some point in their lives. If we discriminate against
caregivers based on background, many of the most qualified caregivers will
be eliminated, and many eligible patients will be denied the quality of
care they are entitled to under the Constitution.
4) No warrantless raids on dispensaries.
The Denver ordinance allows law enforcement to perform compliance checks on
dispensaries to determine “that the source and quantity of any marijuana
found upon the licensed premises is in full compliance with any applicable
state law or regulation.” This amounts to unannounced raids on dispensaries
at any time, without a warrant or even probable cause to suspect
wrongdoing.
5) License fees too expensive.
The Denver ordinance requires a $2000 application fee and $3000 annual
registration fee. These fees are outrageous and the costs will be
transferred to the patients.
6) Additional licensing unnecessary.
Caregiver businesses already register with the Department of Revenue for a
sales tax license. Any additional licensing requirements would force small
caregivers out of business, reduce competition, and drive prices for
medicine up even more, increasing the burden on patients.
7) No restrictions on proximity to schools, child care centers, etc.
The Denver ordinance requires dispensaries to be at least 1,000 feet away
from a school or child care center. There has been no documented evidence
of a child purchasing medical marijuana from any dispensary in Colorado.
Children are smart enough to know that they can’t go in a liquor store or a
sex shop, so they should be able to be taught not to go into medical
cannabis businesses.

*Caregivers Unite to Help Patients*
If you are a caregiver, now is the time that you must “do more” for your
patients by teaching them to become grassroots lobbyists.
1) Design a Cannabis Action Center in your business dedicated to having
patients contact elected officials. The first target will be the Denver
City Council. Later, we will start targeting the state legislature.
2) Your Cannabis Action Center at minimum needs to contain a dedicated
phone and writing materials.
3) Encourage each of your patients to take a few minutes to call an elected
official before they leave your shop. Make sure your dedicated phone is
never idle.
4) Most people have never called an elected representative in their life
and get nervous. Empower your patients to become grassroots lobbyists and
make their first call using the sample script and the talking points
included in this Action Alert.
5) Most people get over their nervousness after the first call. You can
then encourage these newly-created activist patients to train other people
how to make phone calls, further empowering your patient-base.
6) You can also have patients send letters, postcards, faxes and emails.
7) Repost this Action Alert on social networking sites or email to your
contact lists. Encourage others to pass it on as well. The only thing that
has ever protected the Constitution from overzealous government
restrictions has been the vocal opposition of the citizens.
8) Print this free “Another Business for Patient Rights” poster and display
it proudly in a prominent location to show your support for patient rights:
http://www.cannabistherapyinstitute.com/advocacy/business.pdf

Remember to cc us on any correspondence with legislators:
info@cannabistherapyinstitute.com

ALERT: CO Attorney Rob Corry Analyzes Sen. Romer’s Proposed Med MJ Regulations

Cannabis News January 7th, 2010

It is important we all pay attention to the Colorado State legislatures bill to regulate Medical Marijuana.  It isnt the only bill in play.  The Colorado County Sheriffs coalition has an even worse bill they are proposing that would prevent anyone with any kind of criminal record, including petty offenses from care-giving and limit caregivers to five patients, thus completely eliminating dispenses.  WE ALL in the Medical Marijuana community NEED to pay attention to these bills.  They will affect other States regulations and creation of programs as they will copy the regulations that we implement.

It is up to us to fend off the assault on patients and caregivers, and the pioneering industry that is working so well here in Colorado and a few other States.  They are also trying to divide and conquer our activists and industry with some of these regs.  Stay informed and lets stick together on this.

I’m also glad in this letter Rob defends the ide that Sen. Romer is a nice guy in person, but “diplomatic skills are no substitute for substance.”  Senator Romer has told me multiple things will be changed about the bill and they have yet to be changed, including lookin at allowing certain Marijuana offenders to be allowed to own and operate dispensaries.  To my face I feel lied to and disrespected by a Colorado Senator.

~JDR

Corry says Romer’s bill “cannot be supported by any serious patient or caregiver in Colorado’s Medical Marijuana community.”

Attorney Rob Corry’s Comments on Sen. Romer’s State Bill

By lebowski on Thu, 01/07/2010 – 17:12 from: http://medicinalcolorado.org/node/763
Publish Date:
01/07/2010

Attorney Rob Corry today released his 12-page initial analysis of Sen.
Romer’s 39-page bill to regulate the medical marijuana industry in Colorado. Corry correctly states that Romer’s bill “cannot be supported by any serious patient or caregiver in Colorado’s Medical Marijuana community.” Corry says Romer’s bill would “significantly increase costs to patients, thereby placing the most vulnerable of them in danger” and “reduce the selection and consistency of medicine, driving most of the supply back to the dangerous criminal underground.”

Click here to read Rob Corry’s letter in its entirety:
http://www.cannabistherapyinstitute.com/bills/romer.draft.corry.comments…

Click here to read Sen. Romer’s bill:
http://www.cannabistherapyinstitute.com/bills/

Corry continues, “This community is not opposed to reasonable regulations designed to help patients, but will oppose those that will restrict supply or quality.”

The Cannabis Therapy Institute concurs with and supports all of the conclusions made by Rob Corry in his letter to Senator Romer, dated January 7, 2010.

—-
ACTION ALERT:
Click here to contact your state senators and representatives and express your concerns about the bill:
http://www.cannabistherapyinstitute.com/advocacy/


Provided as a Public Service by the:
Cannabis Therapy Institute
P.O. Box 19084, Boulder, CO 80308
Phone: 877-420-4205
Web: http://www.cannabistherapyinstitute.com
Email: info@cannabistherapyinstitute.com

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