1 / 18

Edson , Maytin & Matz LLP

Edson, Maytin & Matz LLP provides expert counsel on Colorado's medical marijuana laws and offers criminal defense services. Visit our offices in Denver and Aspen. www.WarrenEdson.com

lorend
Download Presentation

Edson , Maytin & Matz LLP

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Edson, Maytin & Matz LLP Colorado Criminal Defense Medical Marijuana Consultation Offices in Denver and Aspen www.WarrenEdson.com

  2. Rapture Date: July 1, 2011 The Day Grey becomes Black and White

  3. Possession, Manufacturing, and Distribution of Marijuana is Illegal.

  4. Article 18 Section 14Colorado Constitution • Amendment 20 was enacted on July 1, 2001. Yes915,527 No786,983 • Colorado Population: 5,024,748 • Denver Population: 610,345 • Patient numbers remained at about 2,000 from 2001- July 2009 • A handful of “dispensaries”

  5. Medical Marijuana Registry Application History

  6. Patient Explosion

  7. Industry Explosion August 2009 June 2011 • 8,000 Patients 123,890 Patients • Dispensaries: ? 773 MMCs • Grows: ? 1,219 OPCOs • IPMs: ? 309 IPMs

  8. Legislative Session 2010House Bill 1284 Senate Bill 109

  9. 3 New Statutory Defenses • 1) Medical Marijuana Centers (MMC) • No more dispensaries • For profit • Can make retail sales to patients • Can make wholesale sales to other MMCs and IPMs • 2) Optional Premises Cultivation Operation (OPCO) • Grow Operations • Has to be directly connected to one MMC • Is a manufacturing operation • 3) Infused Product Manufacturer (IPM) • Can wholesale to any MMC. Can not make retail sales. • Can own their own OPCO or acquire medical marijuana from an MMC • All the medical marijuana from their OPCO must go into their infused products

  10. DOR 77 Page “Micro Rules”March 2011 • 1) Clones are Plants 1.205 • 2) Signs • Propagation, Vegetation, Flowing 1.205C • Limited Access Area 10.100 “Do Not Enter – Limited Access Area – Access limited to Licensed owners, employees and contractors only” 12” * 12” ½ inch in height • 3) Occupational Licenses 8.100 • Key, Support, and Registration • $75 to $250 • Employee Manual • 4) New Registry 1.200 • MMC registers with MMED. • Include relative plant count BUT do your homework • 72 hours

  11. DOR Micro Rules • 5) Tracked • Weigh. • Processed. Transport within 48 hours to the MMC. 1.205 (I) • Manifest 11.2 (d) • 6) Dirty Hippy Rule 12.100 • Employee issues • What happens? • 7) Restriction on Moving Businesses 16.110 (d) • Good Stuff: They listened to privacy concerns, reduced camera requirements, separate licenses, outdoor growing recognized, increased plants recommendations legitimized.

  12. HB 11-1043The 1284 “fix” Signed by the Governor on 6/1/11 • Extend the moratorium for businesses and communities • No more clone “Immature Plants” CRS 12-43.3-104 (1.5) -can sell to patients or Primary Caregivers -can sell up to ½ the recommended plant count CRS 12-43.3-402 3) Records now private CRS 12-43.3-202 (d) 4) Some felons can play CRS 12-43.3-307 (h) 5) Owners vs. Employees -Residency 6) OPCOs locations no longer confidential CRS 12-43.3-310 7) 35 day rule is kind of sort of gone CRS 12-43.3 (5) -Call CDPHE -Monday – Friday 8 am – 5 pm

  13. HB 11-1043The 1284 “fix” 8) Vending machines???? CRS 12-43.3-402 (5.5) 9) Labs can now develop, test, and produce “marijuana-based products.” CRS 12-43.3-402 (6) • But no ownership interest in MMCs or IPMs CRS 12-43.3-404 (10) 10) 500 Plant limit on OPCOs connected to IPMs. CRS 12-43.3-404 9(a) -huge out clause

  14. HB 11-1043The 1284 “fix” 11) Single grow for common owned centers. CRS 12-43.3-403(2) 12) Can give away MMJ: • indigent patients -State Health Agency • hospice care. CRS 12-43.3-403 9(c) 13) Physician issue addressed CRS 25-1.5-106 14) Caregivers, ALL, have to register with the State Medical Marijuana Licensing Authority. CRS 25-1.5-106 7(e)

  15. Gambling and Booze

  16. Reexamine the Numbers • Colorado: 5,024,748 • Denver: 610,345 • Patients 123,890 • 2.5 % of the TOTAL Population • Number of 7-11’s in Denver? -69 • Number of Starbucks in Denver? -84 • Number of Dunkin Donuts in Colorado? -0 • Number of MMCs in Denver? -270 • One for every 2,260 Denver Residents • Statewide 159 Patients per MMC • Over 1,100 different MDs have signed an MMJ recommendation.

  17. Rapture Date 7/1/11 • Caregiver registry • New MMC registry through MMED • Occupation licenses required • Sanitation Rules • Packaging/labeling required • Cameras required • Manifest required • Labs can manufacture • Increased recommendations recognized. • New MMC registry through MMED • Packet from MMED will be out this week

  18. Edson, Maytin & Matz LLP Colorado Criminal Defense Medical Marijuana Consultation Offices in Denver and Aspen www.WarrenEdson.com

More Related