Boulder Targets Medical Marijuana
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Boulder Targets Medical Marijuana
Posted by CN Staff on November 02, 2009 at 19:44:25 PT
By Heath Urie, Camera Staff Writer
Source: Daily Camera
Colorado -- Boulder officials are proposing sweeping regulations, or perhaps an outright ban, on the city's 20 licensed medical marijuana dispensaries. Fears of increased violence, robberies, sales of marijuana to minors and a lack of zoning and sales-tax rules are all reasons cited in a city memo for imposing new rules aimed at curbing the legal marijuana industry. The Boulder Planning Board will take up the issue Thursday, drafting a set of regulations to recommend to the City Council. A city memo released this week outlines several options that the city could pursue. They include: 
Amending the sales-tax licensing process to require that all businesses are legal at the local, state and federal level. Since the cultivation and sale of marijuana is not legal at the federal level, such a move would effectively ban dispensaries or growers in Boulder. Setting a maximum number of medical marijuana dispensaries allowed in the city. Adopting a moratorium on any new medical marijuana dispensaries, preventing any new locations from opening until the city has more time to evaluate its options. "We're looking to make sure there's a safe environment for patients," Boulder spokesman Patrick Von Keyserling said. He said the city began looking into regulatory options about six months ago, amid requests from attorneys representing marijuana clinics that the city help legitimize the industry. "They need to be zoned just like any other business," Von Keyserling said of dispensaries. The city does not now have any regulations governing the cultivation, marketing or sale of medical marijuana. Boulder staffers have outlined possible regulations for the City Council to consider, if the elected officials want to keep medical marijuana dispensaries operating. The restrictions could include rules for how close dispensaries can operate to schools, parks, day-care centers and residences; requiring security systems in dispensaries; requiring background checks on all employees; prohibiting the sale of marijuana at locations that also sell liquor; requiring dispensaries to keep a list of all patients to determine whether their quantity complies with the law; and requiring dispensaries to report any criminal activity to police. The city also could choose to prohibit people from using medical marijuana inside dispensaries; prohibit the hanging of signs for dispensaries; and require all patients to be notified that the use of medical marijuana is a violation of federal law and that smoking or ingesting the drug impairs a person's ability to drive or operate machinery. The memo goes on to suggest that the city could require dispensaries to pay permit fees to cover the "increased cost of law enforcement and oversight of dispensaries so that the businesses pay for themselves." According to Boulder records, there are at least 20 medical marijuana dispensaries with business licenses operating in the city, with another 13 pending applications. At least two other dispensaries advertise services in Boulder but don't have storefronts. In the latest round of building permits reported by the city, at least two companies are in the middle of renovating storefronts into marijuana dispensaries -- 4483 Broadway and 2714 28th St. The projects are classified by the city as "commercial/retail." City records show that the existing dispensaries pay out an average monthly sales tax of between $2,400 and $3,000 each. The city is concerned, according to the staff memo, about the criminal element that marijuana might attract. Among the stated concerns is that some dispensary employees are known to carry firearms, Boulder dispensaries have attracted two robberies in the last year, caregivers can legally sell marijuana out of residential locations or vehicles and that the size of growing operations isn't limited. "There have been reports from local realtors that potential businesses are inquiring about renting warehouse space of a few thousand square feet to grow or sell marijuana," the city report reads. J.P. Stoermer, co-owner of Boulder Alternative Medicine on University Hill, said increased regulations could help weed out -- so to speak -- the bad apples of the industry. "We knew a lot of this was coming," Stoermer said from his office as a steady stream of patients were greeted at the door and led into a back room. "We think it's a good thing." Stoermer said his company already does most of the things the city might ask for, including turning in fraudulent ID's and working closely with the Boulder County Drug Task Force. He said some businesses do give the industry a bad name, and regulations to limit the number of dispensaries could foster healthy competition. "We don't agree with these models where you come in and have pool tables," he said. "We're here for the medicine. We do things right." He warned, however, that any attempt by the city to circumvent Amendment 20 -- which legalized medical marijuana in 2000 -- would likely be challenged in court. Boulder Police Chief Mark Beckner agreed that there is a lot of ambiguity with the state's marijuana laws, so some regulations by the city would be welcomed. "Some of the challenges being presented are basically due to the vagueness of the amendment," he said. "Right now, it's a big ball of confusion." Beckner said his department hasn't offered the city any specific recommendations in terms of enforcement, but, "Certainly, I think there's room for discussion in terms of where and how they can operate." Note: Planning Board to consider regulating, banning cultivation and sale of pot.Source: Daily Camera (Boulder, CO)Author: Heath Urie, Camera Staff WriterPublished: November 2, 2009Copyright: 2009 The Daily CameraWebsite: openforum dailycamera.comURL: Medical Marijuana Archives
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Comment #19 posted by FoM on November 03, 2009 at 13:14:24 PT
State Health Board Suspends Medical Marijuana Rule
Tuesday, November 3, 2009DENVER (AP) - Colorado health officials have decided to temporarily eliminate a regulation involving medical marijuana caregivers, putting off a final decision until next month.The state health board took action Tuesday because members are concerned their definition of who can provide patients with medical marijuana contradicted a ruling last week from the Colorado Court of Appeals.The board has said that anyone who supplies the drug should be considered a caregiver under the state's voter-approved medical marijuana law. But the appeals court ruled that caregivers must have personal contact with medical marijuana patients and do more to help a patient with a debilitating condition that merely provide them with the drug.The health board will make a final decision on Dec. 16. Copyright: 2009 Associated PressURL:
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Comment #18 posted by FoM on November 03, 2009 at 12:22:46 PT
Colorado Can Lead Nation In Marijuana Policy
November 2, 2009URL:
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Comment #17 posted by FoM on November 03, 2009 at 10:39:35 PT
Related Article From The Associated Press
Colorado Health Officials To Hold Emergency Meeting on Medical Pot RulesNovember 3, 2009   DENVER (AP) — Colorado health officials are considering eliminating a provision that allows a medical marijuana primary caregiver to be defined as someone who simply supplies the drug.   The Colorado Department of Public Health and Environment is taking on the issue during an emergency meeting this morning. The meeting comes days after an Appeals Court ruled that a primary caregiver must have personal contact with medical marijuana patients and do more to help a patient with a debilitating condition that merely provide them marijuana.   Colorado's health board say the ruling conflicts with the health board's definition of what constitutes significant responsibility for a patient. The board had said in August that just providing marijuana to a medical user satisfied that requirement. Copyright: 2009 Associated PressURL:
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Comment #16 posted by HempWorld on November 03, 2009 at 10:33:17 PT
Sam Adams
Spot on! (My thoughts exactly)
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Comment #15 posted by Hope on November 03, 2009 at 10:32:29 PT
Sam... it does look bad.
It's also a case of the relatively privileged, the wealthy, the ridiculously rich, the "well placed", and the self righteous and arrogant taking from and trampling and robbing their personal scapegoats for their own gain. And if they aren't always those people in high places in government and industry ... then they are the people playing the stooge for those people in the high places in government and industry.
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Comment #14 posted by Sam Adams on November 03, 2009 at 09:38:18 PT
What's happening in Colorado is fascinating - everything else has failed, so the political/corporate elite is falling back on naked power!It reminds me of the way the Native Americans were treated. They spent decades going through various legal and treaty processes to keep their land and keep from being killed.But in the end, the government just took their land and/or killed them. The legal stuff was simply a ruse to delay and disguise for as long as possible.With cannabis, what we're seeing now is that prohibition was never about safety, or kids, or schools, or health. It was always about scapegoating and persecution. Vilify the evil marijuana user! Anything to draw attention away from the political class and the banking cabal that is looting our country to the ground.When the government's been defeated at the ballot box, defeated in open, democratic processes like the Dept. of Public Health's hearings and votes, when the business community has accepted medical cannabis with open arms, what else is left? Raw, naked power. Force. Guns. I fear that is what we'll soon see in Colorado. 
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Comment #13 posted by HempWorld on November 03, 2009 at 09:00:43 PT
As usual and as I've written a long time ago ...
Marijuana is the acid test for real democracy!
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Comment #12 posted by tintala on November 03, 2009 at 08:41:37 PT:
To not maake this an obligation to caregivers,after the meeting in JULY all dispensary owners and caregivers voted yay or nay whether or not to have cargivers know the patients, this is after the dispensaries and caregivers all got compfortable with their positions.... Freakin Colorado Board of Health makes a huge profit from OUR fees, at 90$ a pop, used to be 110$, times 3,000?Not to mention the taxes we pay the city. Lol.. Remember people, colorado is FULL OF BIASED RIGHT WING STAUNCH REPUBLICANS who stop at nothing to degrade the policies the "PEOPLE" and constituents voted in. Including me! I have a severe back problem, I guess they will just force us all into the black market all jacked up on our narcotic pain meds! AGAIN!
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Comment #11 posted by FoM on November 03, 2009 at 08:17:26 PT
Colorado Board Of Health Holds Emergency Meeting
Colorado Board Of Health Holds Emergency Meeting To Determine Definition Of Medical Marijuana "Caregiver"November 3, 2009URL:
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Comment #10 posted by Sam Adams on November 03, 2009 at 07:31:57 PT
this stuff is fascinating and repugnant to me at the same time. This stuff going on in Boulder is exactly why our economy is failing.No wonder our economy has moved to China, every town in the US has a cabal of government bureaucrats suppressing business! Here we have a brand new business model - does not hurt ANYONE! - in the midst of a recession and the first thing government does is to issue a "moratorium" on it! They should be urging medical dispensaries to open and passing incentives on the new industry.They don't want dispensaries around schools? Business PAYS for schools! Don't they get it? Without business THERE ARE NO SCHOOLS! They've got it reversed.We are ruled by a tyrannical political class and a handful of corporations. We are only allowed to do things that benefit the drug companies, the insurance companies, the military/industrial complex, and law firms. Just stop for a minute and think about what OTHER business is being suppressed by our masters - all different types of entertainment, fairs, various health care and bodywork services, music, food vending, farming, buskers, bars, restaurants, it goes on and on and on. 
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Comment #9 posted by Hope on November 03, 2009 at 07:22:46 PT
Wow.It's amazing. Three such different takes on one statement. These things definitely need to be discussed and winnowed through... but the winnowing certainly has different results based on the winnower.Obviously, the winnowing needs winnowing.
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Comment #8 posted by FoM on November 03, 2009 at 05:23:04 PT
Thank you. I have it posted now.
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Comment #7 posted by RevRayGreen on November 03, 2009 at 05:14:08 PT
FoM check the stories from Iowa
regarding Gil Kerlikowske being in Iowa yesterday. 
Couple diffent takes where he steps on his own feet....
for example he sayd this "Gil Kerlikowske, director of the Office of National Drug Control Policy, specifically cited problems regulating the clinics in the Los Angeles area that dispense medical marijuana.Kerlikowske recounted going to Venice Beach and seeing people holding signs advertising marijuana and ads in newspapers.He also pointed to reports of robberies and assaults that have occurred in and around medical marijuana dispensaries in the Los Angeles area.“I would say that the recommendation for any state that’s considering moving to medical marijuana is to look very closely at what’s been occurring in California,” Kerlikowske said.Kerlikowske, the former police chief in Seattle, reported better results for the medical marijuana law in Washington State.“It was not as significant a problem for law enforcement as it was in, as it is in, Los Angeles,” Kerlikowske said.Iowa’s pharmacy board is holding hearings around the state to collect input on the medical use of marijuana and could decide to make a recommendation to state lawmakers."the one from the DSM Register is good I have a blog on there......Drug Czar "State of Washington Medical Marijuana Program is working, don't be like California"
WA Medical Marijuana Program working, don't be like California
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Comment #6 posted by The GCW on November 03, 2009 at 05:12:06 PT
More news from Colorado
CO Health Board to vote on Tuesday (11/3) to Weaken Medical Marijuana Law 
In an underhanded move, the Colorado Board of Health will be voting to weaken the medical marijuana law at an "emergency" meeting on Tuesday, November 3 at 10:30am in Denver. At this stealth meeting the Board will be voting to redefine what a "caregiver" is to require such individuals to provide supplementary-- and often unnecessary-- services beyond simply providing sick patients with medical marijuana.
"This is like requiring my pharmacist to give me a massage or make me a sandwich," said Dan Pope, muscular dystrophy patient and medical card holder. "I can do those activities myself. I need a caregiver to give me medicine. End of story."
This meeting, which was announced in a late afternoon email to a small handful of patient advocates, is another example of the state engaging in underhanded tactics in their effort to undermine the medical marijuana law and the will of the Colorado voters. Please help hold them accountable.
Here's How You Can Help:(1) Attend the Meeting. This meeting will occur at 10:30am on Tuesday, November 3 in the Snow Room, 1st Floor Building A of the Colorado Department of Public Health and the Environment, 4300 Cherry Creek Dr. South, Denver CO. 
(2) Call-in to the Meeting. While we strongly prefer that you attend in person, you can also call-in at 1-866-899-5399, conference code *3529725*
(3) Spread the Word. Please tell friends and family to attend the meeting and forward this alert widely! From: Sensible Colorado the Summit Daily News:POLL:Are you voting this year?One answer is, "Yes, pot thing in Breck is significant" (getting 35.19%) 
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Comment #5 posted by Hope on November 02, 2009 at 20:38:52 PT
"If I'm not bringing it I'm in it........"
:0)And you do both so well. Thank you.
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Comment #4 posted by Hope on November 02, 2009 at 20:36:12 PT
Brother Ray...
I'm so in awe of your ability, strength, and perseverance. You are doing so much good.People accuse reformers of "Using" patients in need. Not so.... most of us can't even begin to keep up with the patients in the truly herculean efforts they bring to fighting this prohibition.Thank you.
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Comment #3 posted by FoM on November 02, 2009 at 20:23:25 PT
Keep up to good work! Good job!
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Comment #2 posted by RevRayGreen on November 02, 2009 at 20:19:35 PT
Guess who's back in the news
If I'm not bringing it I'm in it........Ray Lakers, who suffers from multiple sclerosis and admits to using marijuana, claims that marijuana helps him function normally. Lakers also gave a poetic prose detailing the situation he and others like him are put in. “Now, we are here, and I am here, to bring tear after tear. All of us living in fear,” he said, fighting back his own tears, “because patients are being denied a choice.” The choice Lakers said he is denied is the ability to choose medical marijuana over other doctor prescribed medicationsBefore ending his statement, Lakers described what a decision by board not to recommend rescheduling would feel like to him. “An endorsement by the board against medical marijuana is the same as dropping a one-ton bale of marijuana on me as I stand, or on one of my brothers and sisters in a wheelchair,” he saidcourtesy The Northern Iowan 
Hearings examine evidence for, against medical marijuana
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Comment #1 posted by FoM on November 02, 2009 at 20:14:23 PT
Legal Pot Movement is Gaining Momentum
Man With Pot Prescription Says Legal Pot Movement is Gaining MomentumBy John Bachman November 02, 2009 Lauderhill -- Irv Rosenfeld says the legalization of marijuana is long overdue. Not just because it makes sense financially, but because the drug has helped keep him alive for the the last 28 years. Rosenfeld is one of four people in the country who has a prescription to get his pot straight from the Federal Government. He has also been fighting to get other patients the same thing."I have a severe bone disorder which causes numerous tumors, about 200 bone tumors on most long bones on the body," Rosenfeld told us about his rare disease.URL:
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