Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
A longstanding prohibition on new medical marijuana dispensaries will continue, despite earlier expectations that the moratorium would be lifted March 1.
At the earliest, the state moratorium will be lifted April 13, but could last until Sept. 16, depending on how long it takes for the Department of Revenue's Medical Marijuana Enforcement Division to issue new industry regulations.
El Paso County, meanwhile, has again extended its interim land-use regulations for dispensaries until June 1. The regulations were adopted in December 2009, and were set to expire next week after being extended several times. The County Commission voted Thursday to keep them in place. The rules cover issues such as hours of operation and location restrictions.
The commission decided to wait to approve permanent zoning and licensing regulations, pending completion of the state regulations. The commission also is waiting on a bill in the state Legislature that could affect the county's licensing policies.
A first draft of the state regulations, required by a ground-breaking law passed last year, was finalized on Jan. 28 after extensive public hearings and comment periods. A State Licensing Authority-in this case, revenue department Deputy Executive Tim Weber-has up to 180 days to consider or alter new rules for dispensaries. Weber can "modify" the rule proposal as he sees fit, though he can't completely rewrite them.
For example, he can't remove the most controversial section of the new rules, which requires all dispensaries to install video surveillance cameras. But he could reduce or increase the number of cameras required.
Most dispensaries don't object to most of the proposed regulations, but the surveillance camera requirement has had them up in arms for months.
Tyler Reimers, owner of Canna Caregivers in Colorado Springs, said her lawyer will probably file an invasion of privacy lawsuit against the state after the rules are handed down. She says the video camera requirement would violate patients' rights, and she worries that many patients may resort to the black market.
"Anonymity is important to people," said Reimers. "I think the state runs a real risk pushing a lot of legitimate people back out onto the street."
Reimers estimated it will cost her between $40,000 and $50,000 to install a camera system.
Colin Stephens, owner of Pain Management Solutions, echoed Reimers' concern.
"What they're trying to do is necessary, but I feel like they're invading privacy too much in the process," he said. "I've not had a single patient say they're okay with being recorded."
Dispensary owners have operated in limbo for months while waiting for the new state regulations. Industry laws vary from county to county and city to city, and it's not clear just what will be handed down by the Department of Revenue.
"We don't know what the State Licensing Authority is going to do with regard to the rules," said Julie Postlethwait, spokeswoman for the department's Medical Marijuana Enforcement Division. "He could modify them, he could reject them, he could accept portions of them."
After Weber issues the rules, they'll go the Attorney General's office for approval, which will take up to 20 days. The rules will be published for 30 days to give dispensaries time to comply. Then the moratorium on new dispensaries will be lifted.
NewsHawk: Jim Behr: 420 MAGAZINE
Source: Gazette, The (Colorado Springs, CO)
Copyright: 2011 The Gazette
Contact: Colorado Springs Gazette, CO
Website: Colorado Springs Gazette, CO
Details: MapInc
Authors: John Schroyer and Debbie Kelley
At the earliest, the state moratorium will be lifted April 13, but could last until Sept. 16, depending on how long it takes for the Department of Revenue's Medical Marijuana Enforcement Division to issue new industry regulations.
El Paso County, meanwhile, has again extended its interim land-use regulations for dispensaries until June 1. The regulations were adopted in December 2009, and were set to expire next week after being extended several times. The County Commission voted Thursday to keep them in place. The rules cover issues such as hours of operation and location restrictions.
The commission decided to wait to approve permanent zoning and licensing regulations, pending completion of the state regulations. The commission also is waiting on a bill in the state Legislature that could affect the county's licensing policies.
A first draft of the state regulations, required by a ground-breaking law passed last year, was finalized on Jan. 28 after extensive public hearings and comment periods. A State Licensing Authority-in this case, revenue department Deputy Executive Tim Weber-has up to 180 days to consider or alter new rules for dispensaries. Weber can "modify" the rule proposal as he sees fit, though he can't completely rewrite them.
For example, he can't remove the most controversial section of the new rules, which requires all dispensaries to install video surveillance cameras. But he could reduce or increase the number of cameras required.
Most dispensaries don't object to most of the proposed regulations, but the surveillance camera requirement has had them up in arms for months.
Tyler Reimers, owner of Canna Caregivers in Colorado Springs, said her lawyer will probably file an invasion of privacy lawsuit against the state after the rules are handed down. She says the video camera requirement would violate patients' rights, and she worries that many patients may resort to the black market.
"Anonymity is important to people," said Reimers. "I think the state runs a real risk pushing a lot of legitimate people back out onto the street."
Reimers estimated it will cost her between $40,000 and $50,000 to install a camera system.
Colin Stephens, owner of Pain Management Solutions, echoed Reimers' concern.
"What they're trying to do is necessary, but I feel like they're invading privacy too much in the process," he said. "I've not had a single patient say they're okay with being recorded."
Dispensary owners have operated in limbo for months while waiting for the new state regulations. Industry laws vary from county to county and city to city, and it's not clear just what will be handed down by the Department of Revenue.
"We don't know what the State Licensing Authority is going to do with regard to the rules," said Julie Postlethwait, spokeswoman for the department's Medical Marijuana Enforcement Division. "He could modify them, he could reject them, he could accept portions of them."
After Weber issues the rules, they'll go the Attorney General's office for approval, which will take up to 20 days. The rules will be published for 30 days to give dispensaries time to comply. Then the moratorium on new dispensaries will be lifted.
NewsHawk: Jim Behr: 420 MAGAZINE
Source: Gazette, The (Colorado Springs, CO)
Copyright: 2011 The Gazette
Contact: Colorado Springs Gazette, CO
Website: Colorado Springs Gazette, CO
Details: MapInc
Authors: John Schroyer and Debbie Kelley
