• 01
  • June
    2010

Two medical marijuana-related bills, House Bill 1284 and Senate Bill 109, are creating significant legal commotion before Gov. Bill Ritter has even had a chance to sign them into law.

House Bill 1284 would require all medical marijuana dispensaries in the state of Colorado to acquire licensure at both the local and state level. The cost of obtaining a state license would be set by the Department of Revenue and could cost several thousand dollars. In addition, the bill would ban those convicted of drug felonies and those who have not lived in Colorado for at least two years from opening a medical marijuana facility. Lastly, all medical marijuana dispensaries would have to demonstrate that they grow at least 70 percent of the marijuana they sell.

Perhaps the most controversial provision found in the language of House Bill 1284 is that which gives local governments or local voters the ability to ban medical marijuana dispensaries in their community. However, smaller level providers, those who serve no more than five patients, could not be banned.

Senate Bill 109 would require all physicians to conduct a full review of a person's medical history as well as perform a full medical exam before recommending medical marijuana. The bill would also ban physicians from writing recommendations inside medical marijuana dispensaries. Lastly, prospective patients between the ages of 18 to 21 would need the approval of two physicians in order to obtain medical marijuana. (Patients under 18 already require this type of physician consent).

Groups on both sides of the issue have already begun discussions about mounting legal challenges to the legislation. The next post will examine the respective positions of each side.

Related Resources:
  
• Pot-Dispensary Regulations Win Senate Nod (The Denver Post)
• Before It's Law, Medical Marijuana Bill Already Triggering Challenges (The Denver Post)
• Colorado Senate Passes Medical Marijuana Bill (The Gazette - Colorado Springs)