Path-breaking dispensary bill likely to be passed soon, giving dispensaries clear legal status
Published: May 7, 2010
Colorado will most likely have a dispensary regulation law in place very soon. HB 1284, the dispensary regulation bill sponsored by Rep. Tom Massey (R-Poncha Springs) passed the Senate yesterday, and is heading back to the House for final approval of the Senate version. If the House approves the amendments that were made in the Senate, the bill will go to Gov. Bill Ritter (D) for his signature. If HB 1284 becomes law, Colorado will become the first state to officially sanction a widespread retail marijuana dispensary system.
MPP grantee Brian Vicente of Sensible Colorado fought successfully to remove many negative provisions from the bill, but some problematic sections remain, including:
• Allowing cities and towns to ban dispensaries completely;
• Prohibiting individual caregivers from serving more than five patients, unless “exceptional circumstances” exist; and
• Banning people with past misdemeanor drug convictions from being associated with dispensaries — even if the conviction was for violating federal law and was for medical marijuana-related activities that are legal under the Colorado Constitution.
Giving Colorado’s dispensaries clear legal status is especially important, though, in light of the October 2009 U.S. Justice Department policy memo advising federal prosecutors and DEA not to target those operating in “clear and unambiguous compliance” with state medical marijuana laws. HB 1284 contains a number of positive provisions:
• Clear licensing procedures and standards for retail dispensaries;
• Optional-premises growing licenses;
• Standards for allowing some on-site consumption of medicine for patients who cannot safely use their medicine elsewhere; and
• Making medical marijuana purchases for indigent patients exempt from sales tax.
Sensible Colorado’s legal team is already planning local campaigns to prevent bans, along with potential lawsuits to overturn any bans that may materialize. The new law will establish a number of important deadlines as well, and Sensible Colorado will be offering free training sessions on complying with the new regulations starting the week of May 17. You can find more details about those training sessions on Sensible Colorado’s website.
Thank you for supporting the Marijuana Policy Project and our grantee Sensible Colorado. Please pass this alert on to friends, family, and neighbors so they can stay up to date on the progress of marijuana reform in Colorado.
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