Medical Marijuana Law Poses Questions For Cops, Dispensaries

Jim Finnel

Fallen Cannabis Warrior & Ex News Moderator
Business is brisk at The Apothecary, one of several medical marijuana dispensaries in Longmont.

Larry Hill answered his cell phone’s cheerful tone Thursday to find a new patient on the other end.

“You don’t have to drive to Boulder anymore,” he told the caller. “Come on down. Make sure you bring your card with you, your medical card.”

Hill estimates that he provides about 50 people with medical-grade marijuana in various forms and has been dispensing from a building he tells people looks like the Alamo at 1314 Coffman St. He provides marijuana that is ready to be smoked, but also has distilled liquids that can be taken orally or used in foods. The Apothecary also sells medical-grade marijuana in lollipops, peanut butter cups and other items.

Hill’s new patient arrived Thursday afternoon and said he was relieved to find someone in Longmont to help him. He suffered multiple knee injuries that led to 14 surgeries. He used the medical marijuana for the pain, he said.

Hill opened his doors in February and believes his business is one of three dispensaries in Longmont. Boulder County District Attorney Stan Garnett said he has heard Longmont has up to seven. Longmont Police Cmdr. Tim Lewis said there are “several.”

They aren’t sure because there is no central registry for medical marijuana providers. Providers like Hill and law enforcement all try to follow rules about dispensing the medical version of the popular recreational drug, but there are gaps, vagaries and conflicting laws that sometimes leave them befuddled.

Hill, for instance, isn’t sure whether he should charge sales tax. On the advice of his accountant, he said, he is going to start next month and pay it to the state, just in case.

Garnett said he believes his role as district attorney requires that he tackle some of the legal questions that are confusing law enforcement.

While the constitutional amendment that cleared the way for medical marijuana in Colorado passed in 2000, two recent developments increased its use, Garnett wrote in a recent letter to Boulder County commissioners. President Barack Obama earlier this year announced that the federal government would not pursue enforcement of small-scale marijuana sales in states that allow medical marijuana. During a July hearing, Colorado Department of Public Health and Environment officials discussed but ultimately failed to adopt regulations on the use of medical marijuana.


Still, Garnett said he does not want to test the boundaries of the law by filing criminal charges against dispensaries or patients. But he may consider filing a lawsuit for a declaratory judgement or injunction if a case were to present itself.

“Somebody needs to clear this up,” he said. “I, frankly, would prefer to stay out of it altogether, but I don’t know if I can do that as a district attorney.”

Garnett said he heard from a Boulder County Drug Task Force official that a grower would like to set up an operation in Longmont near a middle school. Still, he doesn’t know which middle school, and the law legalizing medical marijuana doesn’t speak to growing or selling the plant or its products. Under the law, each patient may have up to six plants for relief of some ailments.

Garnett said he will not actively look for a case to test the law’s civil boundaries.

“At this point, I have a whole lot more important things to do in the DA’s office,” he said. “I am not going to go out and look for a test case.”

Police also have had problems enforcing the laws regarding recreational marijuana use, Lewis said. Because police do not have access to patient registries to confirm medical marijuana cards in advance, some patients have been investigated. In those cases, Lewis said, police can provide state officials with card information for confirmation, but only after the person has been contacted by officers.

“If they are in compliance, it will be resolved fairly quickly,” he said. “We have spent a lot of time addressing, training and working to address each new obstacle and twist. ... We try to be current on the trends so no one comes crossways of the law.”

Hill said he also is careful. He bases the supply he tends on the number of patients he has. He cares for some of the plants, or his patients tend to their own in their homes. In some cases, he said, his patients have extra room in their homes, so he will lease the space from them to raise some of the plants. He said he has no more than six plants per patient and carefully verifies their cards. He refers people to doctors for the paperwork if they come to him without a card.

Hill said different types of marijuana help with different ailments and he is learning how to help patients by selecting the right types of plants.

He isn’t worried that people will use dispensaries to deal illegally. He said he wouldn’t risk it and doesn’t believe others would either.


NewsHawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: timescall.com
Author: Pierrette J. Shields
Copyright: 2009 Longmont Times-Call
Contact: The Longmont Times-Call
Website: The Longmont Times-Call
 
Way to go Boulder D.A. It's about time we see a D.A. that realizes that POT isn't his REAL problem. Someone is in office to get REAL criminals? What a concept.
 
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