• 03
  • June
    2010

As mentioned in the previous blog posting, groups on both sides of the medical marijuana issue have already initiated discussions about the legality of House Bill 1284, Senate Bill 109 and even Amendment 20 (the voter-approved constitutional measure legalizing medical marijuana).

Earlier this week, a panel of criminal defense attorneys specializing in medical marijuana came together in Denver to discuss the aforementioned legislation. Specifically, the panel addressed 1.) the requirement of HB 1284 that all medical marijuana dispensaries would have to grow at least 70 percent of the marijuana they sell, and 2.) how the proposed legislation (HB 1284 and SB 109) will affect both patients and health care providers.

In regard to the first issue, the panel agreed that HB 1284 was tantamount to a "law enforcement legislative action" and purely arbitrary in nature. The prevailing feeling among the panelists was that most medical marijuana providers would either be in a constant struggle to comply with the 70 percent requirement or be forced out of business altogether. In fact, one panelist stated that he was joining a group of attorneys to mount a legal challenge to HB 1284, declaring that this 70 percent requirement created a heavy encumbrance upon Amendment 20.

In regard to the second issue, the panel discussed how state and local legislation would adversely affect both patients and health care providers. For example, any health care provider in Boulder who recommends medical marijuana to more than one patient currently has to pay a license fee of $5,000. The fear among the panelists was that these types of measures would raise costs for patients (as providers pass on the expense) and make medical marijuana less accessible.

While most advocates of medical marijuana have been outspoken in their criticism of legislation such as HB 1284 and SB 109, prosecutors and others who believe the state legislature exceeded its authority in easing marijuana regulations have remained relatively quiet. It seems that they are bidding their time and examining their legal options. However, it appears more than likely that they will challenge the creation of commercial dispensaries under Amendment 20.

Related Resources:   
• New Medical Marijuana Laws: Trouble Ahead (The Boulder Reporter)
• Before It's Law, Medical Marijuana Bill Already Triggering Challenges (The Denver Post)