Medical Marijuana

Friday, February 3, 2012

Marijuana legalization falls short on signatures

Posted by Bryce Crawford on Fri, Feb 3, 2012 at 2:41 PM

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The Campaign to Regulate Marijuana Like Alcohol finally had its signatures counted by the Colorado Secretary of State, and wouldn't you know it, they're short.

"We now have 15 days to collect the 2,500 valid signatures we need and a strong group of paid and volunteer petitioners will be out in force to make it happen," says a release from the campaign. "Given that we collected an average of 3,000 valid signatures per week during the first six months of the petition drive, we are confident we will complete this process successfully. In fact, we intentionally started the initiative process early to ensure we would have this curing period if necessary."

If you're interested in helping out, the group's looking for signatures before Feb. 15. E-mail info@regulatemarijuana.org or call 303/861-0033, or you can just give them cash.

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Thursday, February 2, 2012

A medicinally green news round-up

Posted by Bryce Crawford on Thu, Feb 2, 2012 at 3:14 PM

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So we've had a few developments in the marijuana/medical cannabis fronts across Colorado — including a nice little product review for those who already partake for whatever reason — so here's a quick round-up for your late-week reading.

Hemp bill in Colorado legislature risks more headaches with feds (Denver Post)

Rep. Wes McKinley, D-Walsh, has introduced a bill to study using the growing of industrial hemp to clean polluted soil, a process known as phytoremediation. McKinley said there is some evidence that hemp plants can suck toxic substances out of the ground.

"There's not a whole lot known about it," he said. "So, this is a pilot program to study it."

Suit aims to block medical marijuana ban (Fort Collins Coloradoan)

Owners of six Fort Collins medical marijuana businesses are going to court in an effort to derail a voter-approved ordinance that bans marijuana dispensaries and growing operations from the city.

Stoner MacGyver marijuana product review: Sean's 1000 Watt all-mesh filter bags (Westword)

The general idea behind Sean's 1000 Watt hash bags is nothing new. There's at least a half-dozen companies making similar icewater extraction bags and filter products right now. But for the Denver-based company, the all-mesh design is a major improvement over its first-generation bags.

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Tuesday, January 31, 2012

Marijuana acts: Who has your vote?

Posted by Bryce Crawford on Tue, Jan 31, 2012 at 1:59 PM

Cannabis act backer Michelle LaMay.
  • Facebook
  • Cannabis act backer Michelle LaMay.

Though we recently brought word that the Campaign to Regulate Marijuana Like Alcohol has likely collected enough signatures to make the November ballot, there's another effort in the works to do something similar.

The backers behind The Relief for the Possession of Cannabis Act of 2012 says the title board has finalized the wording of their act, meaning it's now time to get those signatures as well.

The proponents of The Relief for the Possession of Cannabis Act of 2012 have met with the Colorado Initiative Title Setting Review Board for the November 2012 ballot. The title board set the question as: Shall there be an amendment to the Colorado state constitution directing the judiciary branch of all governing bodies in the state of Colorado to prohibit their courts from imposing any fine or sentence for the possession of cannabis?

"The costs and the damage to Colorado families and society and to small governments' budgets far exceed the public's perception of danger," says proponent Michelle LaMay. "Times have changed. I think it as similar to mandatory sentencing or "three strikes you're out" laws. It is clearly not legalization and it doesn't cost the taxpayers a dime."

Petitions will go out February 1 around the state. More than 88,000 registered voters need to sign to get on the November 2012 ballot. To contribute or volunteer to circulate a petition, LaMay can be reached at 303-886-7998, email relief4possession@gmail.com and http://relief4possession.webs.com.

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Friday, January 27, 2012

Still no homemade edibles for patients

Posted by Bryce Crawford on Fri, Jan 27, 2012 at 7:29 PM

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  • jeffreyw / Flickr

Though growing your own marijuana, then grinding it down into a powder and infusing butter with it, and then making anything that uses butter as its fat — brownies, most popularly — is always an option for the average MMJ patient, it's a hell of a process, starting with Step 1.

So, of course, most people who desire such sweetness shop at centers, were infused products created by wholesalers in commercial kitchens which've undergone inspection by El Paso County are available. On the upside: Instant goodness. Downside? The mark-up; most edibles start in the five-dollar range, meaning low-income patients who don't want to inhale smoke probably can't purchase as much medication as they could if they were buying the green.

If you were hoping the rules would change in the near future, allowing you to buy infused products from a caretaker — or even just a generous friend who doesn't mind futzing around in the kitchen — a new rule affirms the original ban.

Here's the website Food Safety News, from its report on a related topic:

After home bakers organized on Facebook and went to the state capitol bearing tasty treats Thursday, a Colorado House committee gave its unanimous support to a cottage food bill. ...

The bill does erect one barrier. It prohibits homemade products that are "infused with medical marijuana." Many of Colorado's thriving medical marijuana outlets currently sell a wide variety of food products, but apparently those are prepared in commercial kitchens.

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Thursday, January 26, 2012

John Suthers hates on MMJ some more

Posted by Bryce Crawford on Thu, Jan 26, 2012 at 12:08 PM

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I get worried when we go more than a few months without Attorney General John Suthers telling whomever will listen that he hates everything about medical marijuana, including all those damn doctors who just keep churning out recommendations for the plant, as opposed to pushing pills like a good physician.

Today it's the New York Times that made the mistake of calling Suthers' office, for quotes on legalized marijuana versus MMJ. (It's just a questionable move. It's like asking Paula Deen how she feels about snorting melted butter for years, then squeezing out a type 2-diabetes medication endorsement deal that looks grosser than most of her "cuisine.")

Anyway, Suthers, like the well-trained politician he is, didn't miss a beat.

Some critics of legalization say that medical marijuana’s growth, and the abuse of medicines that leak out to become recreational, foreshadow the dangers if accessibility is increased. Washington’s measure would be a statutory legal change, while Colorado’s would amend the State Constitution.

“It’s largely state-sanctioned fraud,” said Colorado’s attorney general, John W. Suthers, a harsh critic of the medical marijuana system who is speaking out against the ballot measure. “We have thousands and thousands of people lying to doctors, saying they have a debilitating medical condition.”

And some doctors are going along with the ruse, Mr. Suthers said, “practicing sub-standard medicine by actually closing their eyes.”

I get tired of saying where Suthers calls home, so this time I'm going to pretend that he's a rogue conservative born in the caves above Boulder.

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Tuesday, January 24, 2012

State MMJ industry plans 'Day of Action'

Posted by Bryce Crawford on Tue, Jan 24, 2012 at 6:55 PM

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  • FLICKR / Roel Wijnants

In response to the letters issued by the U.S. Attorney's office to 23 Colorado medical marijuana dispensaries that are within 1,000 feet of a school, telling them to close or move within 45 days, almost every major MMJ advocacy organization is participating in a "day of action" Wednesday, Jan. 25.

Here's a release from the Colorado Springs Medical Cannabis Council.

On Wednesday January 25th the CSMCC is joining Sensible Colorado, C4CPR, Safer, MMAPA, NCIA, MMBA, MMIG, and CBA in standing up for business owner rights and safe access. This is a unified response from National and Colorado Organizations to send a strong message to the US Attorney General regarding recent Federal letters threatening medical marijuana businesses in Colorado. Please join thousands of patients by adding your voice and standing up to the Feds.

As we speak, leaders from these organizations are working on legal, political, and grassroots efforts to protect our Colorado sovereignty from John Walsh and the DEA. Feel free to print this email to pass along to patients who will be impacted most by federal interference.

How can I HELP?
**COLORADO: MEDICAL MARIJUANA DAY OF ACTION (Wed. 1/25)**
This Wednesday join hundreds of medical marijuana patients, providers and supporters in making quick calls to your U.S. Congresspeople. Everyone should call both Colorado U.S. Senators and your specific U.S. Congressperson. Contact information is below the sample script.

"I am a constituent in your district who supports medical marijuana patients. I'm calling to say that our state's medical marijuana system is working and we need to Stop Federal Interference in our state laws. The Colorado state government is doing an excellent job of safely regulating medical marijuana distribution and I ask that the US Attorney cease his actions in shutting down state-legal medical marijuana dispensaries. Please ask the representative to contact Colorado's US Attorney John Walsh and tell him to cease interfering in Colorado's tightly-regulated medical marijuana law. Thank you"

(Optional:) "Additionally, I would respectfully ask that Representative _______________ co-sponsor H.R. 1983 — the States Medical Marijuana Patient Protection Act — which would protect our state’s medical marijuana patients and providers from federal interference. Thank you!"

U.S. Representatives
District 1 (Denver) — D-Representative Diana DeGette - 202-225-4431
District 2 (Boulder/Longmont/Loveland/Ft. Collins) — D-Representative Jared Polis — 202-225-2161
District 3 (Western Slope, including Aspen, Grand Junction and Pueblo) R-Representative Scott Tipton — 202-225-4761
District 4 (Eastern Plains including Greeley and Castle Rock) R-Representative Cory Gardner — 202-225-4676
District 5 (Colorado Springs/Salida) R-Representative Doug Lamborn — 202-225-4422
District 6 (Aurora/Douglas/Adams) R-Representative Mike Coffman — 202-225-7882
District 7 (North Metro/Arvada/Golden/Jefferson County) D-Representative Ed Perlmutter — 202-225- 2645

Senators
Entire State - Senator Mark E. Udall - 202-224-5941
Entire State - Senator Michael F. Bennet - 202-224-5852

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Wednesday, January 18, 2012

MMJ owner just trying to survive closure order

Posted by Bryce Crawford on Wed, Jan 18, 2012 at 1:47 PM

An employee at Indispensarys downtown location.
  • File photo
  • An employee at Indispensary's downtown location.

Judy Negley has the unenviable honor of being the first Colorado Springs medical marijuana center owner, at least that we know of, to receive a letter from Colorado U.S. Attorney John Walsh, as a part of the his office's crackdown on centers located within 1,000 feet of a school.

"We did get the letter, on Friday," she said by phone on Tuesday night. "And, of course, you know, there’s so many ways to respond to this, and obviously we’re exploring all of them. But that’s pretty much where we’re at right at the moment. Obviously nothing is an easy fix, or a cheap one, but our first duty is to our patients and making sure that they have safe access.

"And, so ..." she continued, or tried to. "Sorry, I’m just exhausted."

Understandable, considering what Negley faces if she doesn't either close or move her center further way, which she plans to do. (Not to mention the exhaustion that comes from feeling that you've jumped through every hoop, only to have the circus set on fire.)

"I’d love to have unlimited resources, because I would love to fight this to the fullest extent, all the way up the food chain," she said. "But I think obviously unless we can all band together as a community, that’s going to be difficult for any one business, for sure. And of course, we went at this with this understanding that our state duly elected officials were going to do their job as well."

So what's the plan on the move?

"We’re looking at other locations, of course, and there is a procedure there with our license and with the local authority," said Negley. "But regardless, as the statute dictates, we would have to have local approval before we could move forward with an actual move. So that’s a process in and of itself: of going back to the drawing board, finding another location, and getting that through Planning and then submitting that to the city clerk’s office and trying to maybe maneuver our application further up in the pile."

Multiple times, we've contacted both the city's communications department and the gentleman in charge of the applications at the clerk's office, Lee McRae, for an update on how far along the applications are in being processed, and haven't heard back. In the meantime, a report from KRDO-TV quotes Trichome Health Consultants owner Cami Hall as saying that if she's asked to move — as she puts it, "it all depends on property lines" — it could cost her dispensary up to $60,000.

"Well, I think it depends on what all you’re moving, you know: We’re just moving a dispensary, not a grow facility or infused products or anything like that," said Negley. She adds: "But I would say that’s not out of the ballpark, to move a business. You know, you start going through the process and everything is so expensive ... that’s a fair estimate."

In the end, the co-owner of three MMJ centers and multitudes of Independent Records and Videos says it's been rough, but then again she works on a daily basis with those who have it rougher.

"Oh gosh, it’s, um, certainly taken a toll on me personally, both with my mental and physical health," Negley says with a big sigh. "You know, uncertainty is never a comfortable position for human beings. ... But it’s never an easy thing, and the patients are what keep you going; you know, you talk to people like Bob Crouse, and, you know, that’s inspirational."

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District attorney weighs in on MMJ letters

Posted by Bryce Crawford on Wed, Jan 18, 2012 at 12:59 PM

It's not much of a sentiment one way or the other, but today we obtained a statement from District Attorney Dan May on his opinion regarding the letters recently issued by the state's U.S. Attorney.

Via a spokeswoman, May e-mailed us, "The Obama administration, through drug czar R. Gil Kerlikowske and the Justice Department, has consistently opposed medical marijuana and the legalization of marijuana. This is consistent with that position and they’re acting legally within the framework of the federal law."

May's thoughts on the topic are generally interesting considering his known antagonistic attitude towards the local MMJ industry, which has drawn the attention of local attorneys who say the DA's office is no longer dealing fairly with their marijuana clients.

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Tuesday, January 17, 2012

More from the U.S. Attorney's office on MMJ letters

Posted by Bryce Crawford on Tue, Jan 17, 2012 at 5:26 PM

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We played phone tag with U.S. Attorney's office spokesman Jeff Dorschner for several days before talking with him again this afternoon. (See our previous story here, and a related conversation with County Commissioner Sallie Clark here.)

Again, the topic was U.S. Attorney John Walsh's recent decision to issue letters to 23 MMJ centers located within 1,000 feet of a school, telling them to close within 45 days or else. And this time, Dorschner was able to shed a little light.

A very, very little light.

Initially, I asked him whether the feds would ever expand their definition to include additional areas to buffer from, like playgrounds and schools.

"The short answer is that we continue to do analysis as we conduct this ongoing investigation. I can’t answer your specific question, or any hypothetical of, ‘Are we going to expand to this or that?’ It’s just a general policy that we avoid hypothetical questions," Dorschner said. "I can tell you that our focus is on protecting children from marijuana stores. And we have in the federal criminal code law that says, ‘You cannot dispense, cultivate or distribute marijuana within 1,000 feet of a school.’ So that’s our focus today, that’ll be our focus in 45 days, and when we are ready for Waves 2 and 3, that will continue to be our focus."

And why not go after, say, the 23 largest MMJ centers, like the previously issued Ogden and Cole memos say would be likely targets?

"I simply can’t answer that question because that goes into how we have conducted, and are in the process of conducting, our investigation," he said. "So the short answer is, I can’t answer that question because of the ongoing investigation."

Any estimate on the total number of centers statewide that will receive an order to close due to their proximity to schools?

"I cannot give you a rough estimate," Dorschner said. Because? "I think the short answer is, that number has not yet been determined."

OK. What about releasing a list of centers that have been sent a letter thus far?

"We are not releasing that," the spokesman said. "The reason is because this matter is a part of an ongoing investigation; it’s against Department of Justice policy to, essentially, 'out' the people that we’re investigating. It’s against our rules to say who we’re conducting an investigation against — and that is for their protection as well as to protect the integrity of the investigation. So I cannot give you a copy of that list."

We went on like that for a little bit. Like, I asked him if there was any truth to the theory that our stiff regulatory structure has offered us some protection from federal action.

"You know, I can’t answer that in any detail," he said. "What I can say is our primary focus is enforcing federal law. And there are a variety of factors that are important as we conduct our investigation, and those are internal factors we use as we exercise our discretion in these matters. But I can’t answer the specific question."

We then got back around to my central question: Why schools, and why now?

"The short answer is, [Walsh] is the U.S. Attorney," Dorschner said, adding a minute later: "After John took the helm as U.S. Attorney, one of the things that was important to him was to reach out to law enforcement. And he met with local, state and federal law enforcement, and I think that he heard, consistently, issues and concerns about these marijuana stores. ...

"But consistently, law enforcement — and I think that there have been educators that have communicated with that have similar concerns. So I just want to make sure that you understand that it’s not something he woke up one morning and said, ‘This is what I’m gonna do.’ This is something that he’s been exposed to over time, and the more that he heard about it, the more research he did about it, the more he realized that there was an appropriate action that he could take immediately to protect children."

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Monday, January 16, 2012

UPDATE: El Paso County speaks out on MMJ letters

Posted by Bryce Crawford on Mon, Jan 16, 2012 at 5:15 PM

Update, 12:06 p.m., Wednesday, Jan. 18: Clark e-mailed an update to her previous comments on the county's policy, via the county attorney.

• Federal regulations require the MMJ business be located more than 1000 feet from a school;
• Our ordinance require the MMJ business be located more than 500 feet from a school;
• I looked up the businesses that received the "Federal letter of being within 1000 ft. zone" - NONE of those business are in the unincorporated County.

——— Original Post, 5:15 p.m., Monday, Jan. 16 ———

Or, not so much the county, as County Commissioner and vice chair Sallie Clark. She was the first in a number of local officials the Indy contacted last week for their reaction to the letters sent out last week by U.S. Attorney John Walsh telling 23 medical marijuana centers within 1,000 feet of schools to close within 45 days or potentially face prosecution.

Of course, Monday being what it was, government officials were a little hard to get ahold of, so we'll just start with Clark, who began by saying she was glad the county supported a 1,000-foot 500-foot barrier from the beginning and, as a resident of West Colorado Avenue where a large portion of centers are located, wouldn't have minded if the city had as well. (The city's limit is 400 feet.)

"Not to point fingers, but the city, when they didn’t do anything — I mean, they didn’t really set their regulations, they just started letting them open without putting something in place for zoning," she says by phone. "And I think they would have done a lot better had they adopted what the county had adopted. But that didn’t happen, and here we are today.

"Because when we wrote our regulations, we only allowed the dispensaries in, essentially, industrial areas, very restrictive commercial areas, and didn’t allow them close to schools."

Additionally, the El Paso County Board of County Commissioners has something of a habit of putting out non-binding resolutions on most anything it wants to share its opinion on, and I asked Clark if she would support a similar resolution condemning the federal government for overlooking Colorado's sovereignty.

"I don’t really have an opinion one way or the other," she says. "All I know is that I believe that we needed to follow the state law and put something into place and I think that our rules and regulations essentially, probably, meet that litmus test of what the federal government is cracking down on today."

The county commissioner and longtime local politician then offered a little rebuke, after all.

"I understand what you’re saying: You’re saying we are constantly putting our foot down and saying ‘We don’t like federal regulations — we don’t want you overstepping your bounds,’" she says with a short laugh. "And frankly I think it probably is overstepping the bounds of the federal government to start cracking down specifically on this item. But at this point I don’t know if we would go so far as to do a resolution, or just see what happens between the federal government and the state talking to each other and figuring out what the best rule for the counties are under state law."

We've also made calls to Clark's fellow commissioner Amy Lathen, Mayor Steve Bach, City Council President Scott Hente and District Attorney Dan May. Look for more in this Thursday's Independent.

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Friday, January 13, 2012

UPDATE: More federal MMJ enforcement on its way

Posted by Bryce Crawford on Fri, Jan 13, 2012 at 11:07 AM

Update, 4:57 p.m., Monday, Jan. 16: U.S. Attorney spokesman Jeff Dorschner left a voicemail message letting me know he actually meant the opposite of how we quoted him below.

Lastly, I comment that it seems like the previous Ogden and Cole memos made it clear that individuals operating within their state's laws would not be targeted, and that this is not consistent with that message.

"You know, the short answer to that is — you're right," Dorschner says, adding: "But I literally just sat down at my desk so I don't have my notes in front of me."

Dorschner says he meant that the actions are consistent with previous departmental memos and that he would elaborate when we next spoke. I apologize for the error.

Update, 10:52 a.m., Friday, Jan. 13: We just spoke by phone with Judy Negley, co-owner of Indispensary, which operates a location near Palmer High School where her daughter also attends, who told us she has not received anything from Walsh's office.

"We don't have any knowledge that it's in jeopardy," she says. "So, the situation, in general, is alarming to me as a United States citizen. Let's get away from the hoo-ha-dispensary-ownership or not, but as a supposed citizen in a democracy, this is alarming at the very least; and Obama is a liar."

We also e-mailed with local MMJ attorney Clifton Black, who said he's not aware of any of his clients being within 1,000 feet of a school. He also commented on what would need to be done if a center did need to move due to federal location restrictions:

To be able to move a MMJ business in Colorado, both local and State (Department of Revenue, Medical Marijuana Enforcement Division) approval are required. The State will generally allow a change if the local government allows the change. In Colorado Springs changes are not allowed until the licensing process is complete. Applicants were required to turn in applications by September 30, 2011. The City has stated that the licensing process will take 3 — 5 months to complete. Hopefully the City is on track. However, the City has stated that if there is a “Hardship” a change could be allowed during the application process.

——— Original post, 10:42 a.m., Friday, Jan. 13 ———

Colorado U.S. Attorney John Walsh
  • Colorado U.S. Attorney John Walsh

This morning we spoke by phone with Jeff Dorschner, the public affairs officer for the U.S. Attorney's Office, district of Colorado, about the recent letters demanding 23 centers located within 1,000 feet of schools close or face potential prosecution. We caught him in the middle of prepping for a meeting, so will be calling back later and updating this blog accordingly. In the mean time, we do have a few answers.

Dorschner says the investigation has been in the works "for a number of months" and is spurred on by "the U.S. Attorney [John Walsh] and his desire to protect kids from a dangerous drug."

The spokesman says the office's actions were not results of any direction from Washington, D.C.

As well, Tanya Garduno, president of the Colorado Springs Medical Cannabis Council, recently commented to me that "23 centers is pretty good for the whole state." Unfortunately, these will not be the last centers within 1,000 feet of schools to hear from the Department of Justice.

"This is the first step in a multi-wave law enforcement action," says Dorschner. "We've identified 23 dispensaries that are within 1,000 feet of a school; there are more. So we're going to address these first 23, then we'll assess a second wave and look at additional dispensaries near schools."

Are there other centers that will draw the U.S. Attorney's attention in the coming days?

"That I can't answer," he says. "I can only say that our focus right now is on children, protecting them from this dangerous drug."

Lastly, I comment that it seems like the previous Ogden and Cole memos made it clear that individuals operating within their state's laws would not be targeted, and that this is not consistent with that message.

"You know, the short answer to that is — you're right," Dorschner says, adding: "But I literally just sat down at my desk so I don't have my notes in front of me."

While the Indy's in the process of mapping centers in relation to schools, the I-News Network says currently seven centers are close enough to schools to warrant attention.

Most of the schools closest to dispensaries are in Denver and Colorado Springs. For example, North High School in Denver and Palmer High School in Colorado Springs have marijuana facilities within 1,000 feet.

The news organization is referencing Indispensary, downtown. Several other centers listed by the news network, including Viva Diva di Venti, Canna-Pothecary and East West Alternative Medicine, have disconnected numbers, or nobody answering the phone with a full voicemail box.

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Thursday, January 12, 2012

UPDATE: Feds crack down on Colorado dispensaries

Posted by Bryce Crawford on Thu, Jan 12, 2012 at 2:04 PM

Update, 4:19 p.m., Thursday, Jan. 12: Two advocacy groups have weighed-in on the Department of Justice's actions: the Medical Marijuana Industry Group and the National Cannabis Industry Association.

"We are looking into the situation now," writes executive director of MMIG Michael Elliott in an e-mail. "We fully support keeping regulated substances out of the hands of unauthorized users and schools. Towards that end, MMIG is in the process of putting together, and will announce soon, the details of a public education campaign to help educate medical marijuana patients about how to keep their medicine safe and secure."

NCIA executive director Aaron Smith also sent a statement.

"These actions by the Department of Justice are mystifying," writes Smith. "Only one month after Attorney General Holder testified that going after individuals operating in compliance with state medical marijuana laws would not be a priority for his department, US Attorney John Walsh is shutting down some state-legal centers over what amounts to a zoning dispute. State and local governments can handle zoning issues. The Department of Justice should respect state and local officials and leave these business owners and their landlords alone."

Courtesy of MMIG, below are two redacted sample letters the U.S. Attorney's office sent to landowners and center owners, respectively.

landlord.pdf center.pdf

——— Original post, 2:04 p.m., Thursday, Jan. 12 ———

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The Denver Post is reporting that U.S. Attorney John Walsh, for the district of Colorado, has issued a press release confirming 23 medical marijuana centers located within 1,000 feet of schools have been warned to close within 45 days or face criminal action.

"When the voters of Colorado passed the limited medical marijuana amendment in 2000, they could not have anticipated that their vote would be used to justify large marijuana stores located within blocks of our schools," Colorado U.S. Attorney John Walsh said in a statement announcing the crackdown.

The possibility of such a move was first reported by a Denver TV station in mid-December, but was not confirmed then by any involved agency.

We've sent an e-mail and left a message with public information officer Jeff Dorschner seeking information on which centers, in addition to further questions. We'll update this blog if we hear back.

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Wednesday, January 11, 2012

Possible solution to MMJ banking coming from the state

Posted by Bryce Crawford on Wed, Jan 11, 2012 at 4:29 PM

Sen. Pat Steadman
  • Sen. Pat Steadman

We originally spoke with Denver legislator Sen. Pat Steadman on Monday about the new bill he's co-sponsoring with Rep. Tom Massey and introducing next week — breaking the news first on Twitter — and were planning to hold the development until we printed Thursday. However, the Denver Post has run with its piece, so here are parts of our interview with Steadman that compliment what you'll read in tomorrow's CannaBiz column.

Before we could get into the details on the proposed Medical Marijuana Financial Cooperative bill, the good senator wanted to make it clear that he wasn't sure this whole effort would be worth much in the end, even if it does pass.

"Well, you know, I go back and forth as to whether or not this is really a problem we can solve locally or whether federal law is really where the problem lies and where the solution must come from," he says. "And clearly, federal law is where the problem is coming from. Can we do something locally? Maybe.

"And so there’s people I’ve been working with on this bill that have been coming at it from two schools of thought. And one group thinks that there are some things we can do that might work, on a very limited cobble-something-together basis. The other group thinks that it’s gonna take a change in federal law or federal policy and that the one thing we can do locally is draw attention to the issue, and educate, and pull our hair out and kick and scream."

Steadman finds himself squarely in the first group, and so the attempt is to allow the state of Colorado to issue a charter to an institution that would create a cooperative, accessible only to those in the medical marijuana industry. And then it still wouldn't be able to do business with outside banks.

And, ultimately, the government may not even act on its new powers.

"It would still be up to the state commissioner of financial services — that’s who regulates these entities — whether or not to grant that charter; it depends on who comes forward and what their business plan and what their capital looks like," Steadman says. "But if they can get a charter, they could create this cooperative for members that are licensees or patients in the industry and those folks could have deposits with this institution."

The senator — who worked with Rep. Massey last year on House Bill 1043, the so called clean-up bill — thinks that the opportunity for other people to compete with the banks might just draw them out of the shell they hide in to avoid potential federal money laundering charges.

"I had today representatives of the banking and credit union associations; they’re not sure whether they would oppose this legislation or just sit quietly by and scoff at it and say it’s not gonna work," says Steadman. "But then again, if it does work, they may feel like they’re missing out on something. Although, they could be the ones that come forward and ask for a charter and create this stand-alone institution for this purpose. If they really cared that much about serving this market, there’s a way they could do it."

And since no good interview about political issues deriving from federal actions is complete without a dig at Congress, Steadman added this:

"I think everybody agrees this is a problem — there’s just not a real clear consensus on what the solution is, absent an act of Congress. And I think we all have about the same level of confidence in this Congress’ ability to solve any problems."

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Thursday, January 5, 2012

Tips for new MMJ patients

Posted by Bryce Crawford on Thu, Jan 5, 2012 at 11:54 AM

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With the news that thousands of patient applications are on hold due to screenings being performed by physician assistants, or others who aren't the doc, the Cannabis Business Alliance put together a quick guide for people interested in becoming patients. (As well, if you're one of the lucky ones who've had their application held up, the Medical Marijuana Assistance Program of America has some things you can do here.)

The Medical Evaluation Process
• Use a reputable physician in good standing with the Medical Board - a Doctor of Osteopathic Medicine (DO) or a Doctor of Medicine (MD). Be cautious of places offering low-cost evaluations. Your patient may end up paying twice if the evaluation was done incorrectly.

• Bring relevant medical documentation.

• Do not allow Physician's Assistants (PAs) or Nurse Practitioners (NPs) to conduct the evaluation. Request a doctor. CDPHE can only approve applications with DO or MD recommendations.

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Wednesday, January 4, 2012

Voters will get chance to legalize marijuana

Posted by Bryce Crawford on Wed, Jan 4, 2012 at 5:34 PM

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Wednesday, the Campaign to Regulate Marijuana Like Alcohol submitted roughly 160,000 signatures to the Secretary of State's office. Only some 86,000 are needed to qualify for the 2012 ballot.

If passed by voters, the Regulate Marijuana Like Alcohol Act would make it legal for adults 21 and older to possess limited amounts of marijuana, have it placed under the same regulatory strictures as alcohol and allow for the creation of industrial hemp. It also mandates the Legislature to create an excise tax, of which the first $40 million would enter into the state's public school construction fund.

"We will win this campaign because the voters understand that marijuana prohibition is a policy long overdue for repeal," says Brian Vicente, one of two proponents who initiated the measure, in a statement. "Polls consistently show more Coloradans support making marijuana legal than oppose it, and we are confident they will pass this measure and make history this November."

The release says that while, historically, males have been more likely to support marijuana legalization than females, this measure has drawn widespread support.

"This is an issue often perceived as being supported only by young men, but women like me throughout the state agree that it is time to end marijuana prohibition and regulate it like alcohol," says Wanda James, a Colorado political activist and business owner, in the release. "We are mothers, daughters, taxpayers, business owners, college students, and more, and we are excited to help this campaign make history in November."

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