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The Colorado Story

The Colorado Story. Cook Consulting, LLC Matt D. Cook Cook.consulting@comcast.net mattcookco@gmail.com www.mattdcook.com (303) 949-8639. History of The Law Constitutional Amendment Statutory Provisions The Regulatory Scheme The Process – Why it Works. “History of the Law”.

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The Colorado Story

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  1. The Colorado Story Cook Consulting, LLC Matt D. Cook Cook.consulting@comcast.net mattcookco@gmail.com www.mattdcook.com (303) 949-8639

  2. History of The Law • Constitutional Amendment • Statutory Provisions • The Regulatory Scheme • The Process – Why it Works

  3. “History of the Law” • Constitutional – Amendment 20 • Passed in the year 2000 • Caregiver – Patient relationships • Affirmative defenses • Possession 6 plants per patient (5 patients) • Possession of not more than 2 ounces • No clarity – 100’s outlets • Mass confusion • Confidential Patient registry – Health

  4. House Bill 10-1284 • Statutory not Constitutional • Medical Marijuana Code • Retail For Profit Business Model • Centers (MMC), Grows (OPG), Infused Products (MIPS) • License unique to person/place • Occupational licenses (owners, managers, employees, contractors, etc.)

  5. History Continued • Vertical Integration Model • MMC-OPG Identical Ownership • May have more than 1 Garden • Plant Count/Patient Ratio • 6 plants – 2 ounces per patient • Ensures accountability • Tracked from seed to sale • BioTrackTHC.Com • Retail taxed sales from MMC – Patients • bud, tinctures, oils, edibles, clones

  6. Wholesale Tier • Manufacturers of Infused Products • Edibles, Tinctures, Oils • MIPS may have garden/s (identical lic’d) • Contracts with MMC – No retail sales • 500 count Plant limit Max • Waiver available from MMED • ALL retail sales – Retail Centers ONLY

  7. Cash FundCreated • Industry pays for 100% - regulation • NO General Fund Dollars • No taxpayer dollars used • Cash Fund (Need + 16.5% Reserve) • “Need” Total number of licensees • 1-10 FTE to Licensee ratio • Application fees

  8. Application Fees • MMC - 0-300 Patients - $7,500.00 • MMC - 301-500 Patients- $12,500.00 • MMC +500 Patients - $18,000.00 • MIPS - $1250.00 • OPC’S - $1250.00 • 8.3 Million Dollars

  9. Regulatory SchemeThe Framework • Legislative Process – Best Practices • Application Process (Approx. 35 pages) • Business License Application • Medical Marijuana Center • Optional Premises Cultivation License • Infused Products Manufacturer

  10. Key and Support Licenses • Defined – 12-43.3-401 (Background) • Arrests – 10 years • Future arrests (10 days) • Tax Returns – Two years • IRS Authorization for release of Information • Balance Sheets • Schedules all notes, mortgages, assets, etc. • Denial, Suspension, Revocation - Any Professional Licenses • Residences – 5 years (2 years unless app. by 12/15/10 – 12/15/09 • Employment History – From Age 18 • Bank Statements 1 year (Individual & Joint) • Credit Card Statements (Six months) • Civil suits, any other lawsuits • Government Obligations - Child Support Current

  11. World Wide Web Law Enforcement Access • CBI/DOR/CDPHE Workgroup CCIC Query • Web Based Interface • Center validates Patient • Checks System and Physically verifies ID • Reconcile Plants to patients • Primary Center? Other Center? • No Constitutional Protection (Statutory) • Allowed 6 Plants - 2 Ounces per patient • POS System requirements • 1200 noon – Denver, C/Spgs, Pueblo???

  12. Web Based Video System • Access From Anywhere, Anytime • Off Site DVR Back up Required • Records Requirements • Entire Limited Access Area (Anywhere MMJ) • Visible Badge – Background • Tax Determination • Pharmacy, Cashier cage – casino • Track Seed - Plant - Patient (BioTrackTHC) • 100% Accountability (All activity)

  13. Rule Making • Work Group • Participants • Patients, MMC, OPG, MIPS, local-State Gov, Law Enforcement, Legal Profession, Health, Agriculture, Testing Lab’s, Public at Large. • Not always going to Agree. • Record – “Rational Basis” • Must conduct a Public Hearing for all to testify AFTER Notice. (January 2011)

  14. Rules Identified: • Necessary for Control and Regulation • Penalties (Fines - Up to $100,000) • Duties of Officers SLA and local LLA • Inspections, Investigations, Searches and Seizures • Unfair Practices (below cost sales) • I.D. Cards – Employee requirements

  15. Rules Continued • Security, lighting, video, Alarm Requirements and other minimum procedures for Internal Control as deemed necessary by the SLA to Administer and Enforce Laws • Reporting Requirements • Modifications of the Licensed Premises • Storage, Warehouses, Transportation • Sanitary Requirements

  16. Rules Continued • Acceptable ID’s used for purchases • Records to be kept and availability of • Licensing Procedures • Reporting – Monthly Sales Taxes and access to information by Staff to Verify. • Administrative Citations, Penalty schedule • ANY OTHERS MATTERS AS NEEDED for the fair, comprehensive administration of law. • May NOT Set Prices.

  17. Rules Continued • Unlawful Financial Assistance • NOTHING shall be construed to LIMIT a Law Enforcement Agency’s Ability to Investigate Unlawful Activity at ANY Licensed Premises.

  18. Final Requirements • Coordination–Applicant–Local Authorities • Regional Basis • Security systems, (Physical/video) POS systems, Records, Limited Access Areas Marked, Employees Approved -Badges, Questions • Local Licensing Authorities • Statutory Compliance • License Issuance

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