Two bills strengthening regulation of medical marijuana dispensaries and physicians were signed by Gov. Bill Ritter Monday.
House Bill 1284 imposes licensing requirements on marijuana dispensaries - now referred to as "centers" - enforcing businesses to be registered at state and local levels.
In addition, municipalities, or voters, can ban dispensaries all together.
Senate Bill 109 requires doctors to have a "bona fide" relationship with a patient, which includes patients undergoing a full physical examination.
In addition, doctors must be in good standing and have no restrictions on their medical license.
Ritter said in a press release the bill will "help prevent fraud and abuse."
It ensures "physicians who authorize medical marijuana for their patients actually perform a physical exam, don't have a drug enforcement administration flag on their license and don't have a financial relationship with a dispensary."
Sponsor of both bills, Rep. Tom Massey of Poncha Springs, said Ritter signed them to ensure "both bills interacted properly. Now we can move forward."
Ritter said, "The companion measures I signed today strike a delicate balance between protecting public safety and respecting the will of the voters."
Under the new law, dispensaries - which aren't considered caregivers - will be required to grow 70 percent of the marijuana they sell.
Caregivers may serve no more than five patients, grow no more than six plants per patient and must register with the state.
Salida city attorney Karl Hanlon told councilmen recently, "A husband and wife who are registered care- givers - and may be patients themselves - could grow up to 72 plants in a residential basement and claim a constitutional and statutory right to the activity."
Caregivers, unlike dispensaries, are protected by the Colorado Constitution.
The bill requires municipalities to adopt a licensing regime by July 1, 2011.
Salida officials imposed a temporary moratorium May 20 on medical marijuana dispensaries until June 30, 2011.
Dispensaries already operating in the city and holding a valid state sales tax license may continue to operate during the moratorium.
City officials declared the moratorium "an emergency due to the increased public interest in medical marijuana-related businesses."
A Denver Post article reported the Vail Town Council voted last week to ban dispensaries and Greenwood Village officials are drafting an ordinance to do the same.
Aurora City Council members are preparing a ballot question to ask voters if they want dispensaries in the city, the article reported.
Under the bill, applicants who can't be issued a dispensary license include:
1) Those whose criminal history indicates the applicant isn't of good moral character.
2) Physicians.
3) Law enforcement officers.
4) Anyone owing back taxes, student loans or child support.
5) Anyone with any felonies within the previous five years or any drug felony ever.
The bill specifies new licenses must comply with local zoning laws and may not be issued for facilities within 1,000 feet of a school, drug or alcohol treatment facility, seminary, college or residential child care facility.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: The Mountain Mail
Author: Audrey Gilpin
Copyright: 2010 Arkansas Valley Publishing
* Thanks to MedicalNeed for submitting this article
House Bill 1284 imposes licensing requirements on marijuana dispensaries - now referred to as "centers" - enforcing businesses to be registered at state and local levels.
In addition, municipalities, or voters, can ban dispensaries all together.
Senate Bill 109 requires doctors to have a "bona fide" relationship with a patient, which includes patients undergoing a full physical examination.
In addition, doctors must be in good standing and have no restrictions on their medical license.
Ritter said in a press release the bill will "help prevent fraud and abuse."
It ensures "physicians who authorize medical marijuana for their patients actually perform a physical exam, don't have a drug enforcement administration flag on their license and don't have a financial relationship with a dispensary."
Sponsor of both bills, Rep. Tom Massey of Poncha Springs, said Ritter signed them to ensure "both bills interacted properly. Now we can move forward."
Ritter said, "The companion measures I signed today strike a delicate balance between protecting public safety and respecting the will of the voters."
Under the new law, dispensaries - which aren't considered caregivers - will be required to grow 70 percent of the marijuana they sell.
Caregivers may serve no more than five patients, grow no more than six plants per patient and must register with the state.
Salida city attorney Karl Hanlon told councilmen recently, "A husband and wife who are registered care- givers - and may be patients themselves - could grow up to 72 plants in a residential basement and claim a constitutional and statutory right to the activity."
Caregivers, unlike dispensaries, are protected by the Colorado Constitution.
The bill requires municipalities to adopt a licensing regime by July 1, 2011.
Salida officials imposed a temporary moratorium May 20 on medical marijuana dispensaries until June 30, 2011.
Dispensaries already operating in the city and holding a valid state sales tax license may continue to operate during the moratorium.
City officials declared the moratorium "an emergency due to the increased public interest in medical marijuana-related businesses."
A Denver Post article reported the Vail Town Council voted last week to ban dispensaries and Greenwood Village officials are drafting an ordinance to do the same.
Aurora City Council members are preparing a ballot question to ask voters if they want dispensaries in the city, the article reported.
Under the bill, applicants who can't be issued a dispensary license include:
1) Those whose criminal history indicates the applicant isn't of good moral character.
2) Physicians.
3) Law enforcement officers.
4) Anyone owing back taxes, student loans or child support.
5) Anyone with any felonies within the previous five years or any drug felony ever.
The bill specifies new licenses must comply with local zoning laws and may not be issued for facilities within 1,000 feet of a school, drug or alcohol treatment facility, seminary, college or residential child care facility.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: The Mountain Mail
Author: Audrey Gilpin
Copyright: 2010 Arkansas Valley Publishing
* Thanks to MedicalNeed for submitting this article
