State law has no framework for medical marijuana dispensaries

Sudden jump in medicinal marijuana interest in state

In the last two months, the city of Gunnison and the town of Crested Butte have each received several inquiries from entrepreneurs interested in opening medical marijuana dispensaries. And both towns have found that there’s not much in the town code or state rulebook to even govern these dispensaries—retail stores that can sell marijuana, in a variety of forms, to those who can lawfully use it. The state’s Medicinal Marijuana Registry’s website even claims “There are no regulations regarding dispensaries… the Colorado Medical Marijuana amendment, statutes and regulations are silent on the issue.”

This summer has seen a recent rise in medical marijuana dispensaries across the state, including some in cities such as Grand Junction and Denver, or rural communities like Carbondale and Ophir. As of July there were more than 100 statewide.
As Crested Butte Town Attorney John Belkin said during a meeting last week, the way towns deal with dispensaries runs the gamut.
Aspen’s building code lists dispensaries as a type of pharmacy.
The small town of Ophir, near Telluride, is taking it a step further. They’re thinking about starting a town dispensary to bring the budget back in check.
The number of customers to this entirely new business is growing rapidly. According to the state registry, there were about 11,100 people who had valid medical marijuana cards in July. The registry expects that number to increase to more than 15,000 by the end of the year. There are currently 57 registered patients in Gunnison County, 61 in Pitkin County, and more than 1,000 each in the cities of Denver, Boulder and Grand Junction.
It this truly reefer madness?
Dealer vs. dispensary
Two events may have led to an increase in medical marijuana dispensaries in the past year.
The first was the election of Barack Obama, who pledged during his campaign to end federal raids on dispensaries that comply with state laws.
The second was a July 30 Colorado legislative session that proposed regulations that would increase restrictions on medical marijuana use, in one way by placing a limit on the number of patients a “caregiver” can have. Amendment 20, passed by Colorado voters in 2000, set the framework for medical marijuana use in the state. Included was a provision that allowed patients to assign a caregiver, someone who was entrusted with the patient’s well being and could also provide food and medicine, in this case pot or cannabis food, to that patient. Caregivers could also assume their patients rights under Amendment 20 to grow up to six marijuana plants.
The regulations faced strong opposition from the public and were rejected. That opened the door for caregivers to, well, grow a little more.
In California, there is no limit to the number of patients a caregiver can assist. It is the patient’s responsibility to “assign” a caregiver.
The law in California specifically states that caregivers may be given compensation for the “service of providing medical marijuana.”
Colorado’s law doesn’t have such a provision.
“While the registry is aware that a number of such businesses have been established across the state, we do not have a formal relationship with them,” the registry claims. The registry also has no authority to issue licenses to caregivers or dispensaries, no records of where they might exist, no way of dealing with complaints, and no help or advice for people already operating a dispensary. “There may be local ordinances that might impact the operation of a dispensary. Please contact local authorities for specific information,” advises the registry.
How do I get a card?
The state medicinal marijuana registry narrows card issuance down to a few key steps. First you need what Amendment 20 defines as a debilitating condition, which includes glaucoma, cancer, HIV and AIDS, seizures, multiple sclerosis, severe pain, severe nausea, cachexia, and a few others. Severe pain is a reported condition in 90 percent of medicinal marijuana users.
Then your physician has to write a recommendation that you need medicinal marijuana to ease the symptoms or pain of your condition. Currently, 800 different physicians across the state have made such recommendations.
But the registry keeps that list of physicians confidential. The federal Drug Enforcement Administration doesn’t even get to know.
If you get a recommendation from the physician, you can send that to the state registry, along with a caregiver designation if you choose, and the Registry examines your case and decides whether or not to issue a card.
Gunnison Valley medical director Dr. John Tarr says the benefits of medical marijuana on certain conditions such as recovering from chemotherapy have been well documented. But he says a problem is a lot of recommendations may be written based on anecdotal evidence. “People say, ‘I use it and I feel better.’ Well, duh,” says Dr. Tarr. “Really, there’s a lot of gray area as to what constitutes legitimate medication. There are definite benefits in some conditions. The flip side is that it is obviously subject to a lot of potential abuse.”
Amendment 20 does say that people who fraudulently represent a medical condition for the purpose of obtaining a card get charged with a class 1 misdemeanor, the highest kind of misdemeanor there is, with a minimum sentence of six months in jail and/or a $500 fine.
And you can still get in trouble for driving under the influence of marijuana, as well as get into work-related troubles if your job doesn’t allow it.
Finally, the law prohibits using marijuana in a public place.