Romer's Bill Will Seriously Impede Dispensaries

[Dietblonde]

Romer said he expects to file his legislation this week. Romer said his bill could "close down as much as 50 percent of the existing retail structure" for medical marijuana.

Today's headlines center on Sen Romer's proposal to further regulate the MMJ industry. Friends, there are more than a few floaters in this legislation. Here are a few that particularly stink:

-Licensing clinics and growers and make them prove they aren't a harm to the community.
-Owners and managers of clinics must undergo FBI criminal background checks that cost thousands.
-Allow municipalities/counties to impose a tax of up to 10% of the purchase price in addition to existing sales, which only punishes the patient.
-Patients under 21 must go through a special board to become certified.
-Allow chiropractors and registered nurses to sell MMJ to 20% of their patients w/o getting a license.
-Allow physical therapists and optometrists to provide 20 patients w/ MMJ w/o a license.

I guess Romer thinks chiropractors, nurses, physical therapists and optometrists know more about and do a better job growing MMJ than those who are already caregivers and dispensary owners. What an insult! Hey, lets tax the hell out of the consumer so they go back to the black market! Great idea, Romer.

What is Romer's motives behind this? Is he over-extending himself for the sake of negotiation? Is he getting special favors from the chiropractor lobby? Is he trying to gain political capital to help him follow in his father's footsteps? WTF? How about giving me a hand and email this guy and give him a piece of your mind... [email protected]

[ColoradoCareMMJ]

Well its only a proposal, and it is ripe for patient's-right lawsuits. :thumbsup:

[HighPopalorum]

-Licensing clinics and growers


Needs to happen. Plain and simple. Bring in the health department inspectors as well. I wouldn't have a problem licensing commercial growers either.



-Owners and managers of clinics must undergo FBI criminal background checks that cost thousands.


Cost aside, no problem with this either. We should require background checks to make sure criminals are not masquerading as caregivers. I would really be upset if I discovered my medicine purchases were enriching violent drug cartels.



-Allow municipalities/counties to impose a tax of up to 10% of the purchase
price in addition to existing sales, which only punishes the patient.


They already can. No reason for this law.

I think the first two points are really good ideas and should be acted upon immediately. I'm also somewhat concerned about food safety in dispensaries. It will only take *one* case of salmonella in edibles for the state to swoop in and start closing shops. It would be front page news statewide. The sooner we get the health inspectors in and the standards up, the better.

[clonedoctor420]

Medical Marijuana Reform: Summary Of Draft Legislation

DRAFT BILL FOR AN ACT

101 CONCERNING REGULATION OF MEDICAL MARIJUANA

Draft Bill Summary

Colorado State Senate

* The bill creates a state medical marijuana licensing authority (state licensing authority) in the Colorado Department of Revenue. The state licensing authority grants, refuses, and renews licenses for medical marijuana clinic licenses and medical marijuana grower licenses after the licensee has received a local license.


* There will be three types of licenses:


-One license for medical marijuana clinics serving 300 or fewer patients;

-One license for medical marijuana clinics serving more than 300 patients;

-A medical marijuana grower license. A licensed medical marijuana grower must transact all sales using an electronic payment method and must file a monthly report of all sales with both local law enforcement and department of revenue. The location of each grow operation shall be provided to local law enforcement and shall be in a secure facility approved by the local license sponsor. Rules to provide for monthly audits and inspection for all three licenses shall be made by department of revenue.


* The department of public health and environment will promulgate new rules related to standards for issuing registry medical marijuana identification cards, standards for a criminal history record check for primary caregivers, setting procedures for primary caregiver applicants, documentation for doctors who prescribe medical marijuana, and sanctions for doctors who violate the act.


* A patient may change his or her primary caregiver no more than 4 times during a given year.


* A group of three patients and caregivers may form a cooperative for the purpose of cultivating and exchanging medical marijuana.


* A license chiropractor, physical therapist, acupuncturist , optometrist, or registered nurse who is registered primary caregiver may treat up to 25% of their annual patients with medical marijuana without having a medical marijuana clinic license but will not be able to obtain a marijuana grower license.


* An individual who is permitted to use medical marijuana must have in his or her possession a registry identification card when possessing a usable form of marijuana.


* A physician who certifies that a patient can use medical marijuana may not receive remuneration from a primary caregiver, medical marijuana clinic, or medical marijuana grower related to medical marijuana.


* Local governments may enact zoning requirements related to medical marijuana.


* The bill creates a medical marijuana review board (board) that will consider requests by patients under age 21 who want to be registered medical marijuana patients. For a patient under 21 to become a registered medical marijuana patient, a majority of the board must determine the patient has a debilitating medical condition and could benefit from the use of medical marijuana. Military veterans under age 21 are exempt from the medical review process.


* State and Local sales taxes shall apply and local governments can enact a 10% excise tax on medical marijuana.


* More clearly defines a bona fide doctor patient relationship.



(Courtesy: Senator Chris Romer)
:jawdropper:

Medical Marijuana Reform: Summary Of Draft Legislation (http://www.huffingtonpost.com/2009/12/08/medical-marijuana-reform_n_384459.html)

[senorx12562]

I'll stick with the black market thank you very much.

[senorx12562]

Sorry about the double post all, but I had to think about this a bit. So I am supposed to submit my name and the location of my grow to my oh so friendly and reasonable local gummint (Aurora-very pot friendly), not to mention the state, because they know so much about growing? How might this work? I apply to the city for a license, they come out and inspect my grow, undoubtedly charging a hefty application fee (non-refundable under any circumstances, of course). Then the bureaucrat (and cop, I'm sure) come out and say: " We'll get back to you." In the meantime, of course, my grow has been ongoing so I can eat. Then I get a certified letter informing me that not only has my license been denied for numerous reasons, including that I was already growing without one, but I'm being cited for a zoning violation for growing without a license, no building permit pulled for the finish and electrical work on my grow, and operating a business in a residential area, (even though Aurora won't issue a business license for any mj-related businesses because they violate federal law) among other things. Since I can't cure these problems, I shut my operation down and pay my fines. Then a couple of months later a cop shows up at my door with a warrant for my arrest. It seems a couple of my patients have died, or worse yet changed care-givers without telling me, so my entire operation (that they have plenty of pictures of and other documentation from my application for a license) was illegal since my plant count exceeded my number of patients). Now I'm charged with a felony and looking at a court battle. Even assuming I prevail, which is not very realistic, I've still got a problem (aside from bankruptcy). Suppose now a real gung-ho law and order asshole gets elected President, and reverses the Obama administration's policy vis-a-vis medical mj. I HAVE ALREADY CONFESSED TO A FEDERAL FELONY, ON AN OFFICIAL DOCUMENT, WITH PICTURES! The only way this scenario is not realistic is that the City of Aurora will NEVER allow anyone to have a grow operation legally within city limits, so my investment, if I want to be legal, is already worthless. What a joke.

[starter09]

Romer's setting out a position that he knows will not end up becoming law. The Post recognized that in its editorial this morning.

If you care, get involved. Contact your state legislators, find out what their position is. Don't lecture, try to persuade. This whole thing is going to get hashed out in the legislature this session, and everyone who has a stake in the process - patients, growers, dispensaries, doctors, therapists - better get themselves heard.

In America, that's how we do it; I say this is what we should do - i.e., just go ahead and legalize pot - and you say, no, here's what we should do - i.e., impose the strictest standards I can think of, to make sure no one can get it, the hell with constitutional amendments 'cuz the people did NOT vote to make pot legal.

Then we try to convince other people to agree with us, and we end up having to compromise, move closer to the other person's view, muddling toward some fragile sort of an agreement that will probably change drastically the next time we talk about it. Politics, American style. Often ugly and disgusting in the process, like making sausage or cheese, but the end product has worked for a while now.

Of course, it's a lot easier to sit on the sides and bitch and moan.

My bet is that things move to a more medical model, vs the current retail free for all. That's what the constitutional amendment was about (supposedly). There is a large segment of the public that voted for that, but are worried about what they hear is going on now. Yes, they were probably raised on Reefer Madness - but they vote, and they matter to the folks who will be making the decisions.

[senorx12562]

Romer's setting out a position that he knows will not end up becoming law. The Post recognized that in its editorial this morning.

If you care, get involved. Contact your state legislators, find out what their position is. Don't lecture, try to persuade. This whole thing is going to get hashed out in the legislature this session, and everyone who has a stake in the process - patients, growers, dispensaries, doctors, therapists - better get themselves heard.

In America, that's how we do it; I say this is what we should do - i.e., just go ahead and legalize pot - and you say, no, here's what we should do - i.e., impose the strictest standards I can think of, to make sure no one can get it, the hell with constitutional amendments 'cuz the people did NOT vote to make pot legal.

Then we try to convince other people to agree with us, and we end up having to compromise, move closer to the other person's view, muddling toward some fragile sort of an agreement that will probably change drastically the next time we talk about it. Politics, American style. Often ugly and disgusting in the process, like making sausage or cheese, but the end product has worked for a while now.

Of course, it's a lot easier to sit on the sides and bitch and moan.

My bet is that things move to a more medical model, vs the current retail free for all. That's what the constitutional amendment was about (supposedly). There is a large segment of the public that voted for that, but are worried about what they hear is going on now. Yes, they were probably raised on Reefer Madness - but they vote, and they matter to the folks who will be making the decisions.
That's all well and good, but until whatever regulatory scheme is proposed does not require that I confess to the commission of a federal felony, I am OUT!

[copobo]

this bill wont pass, and it will be the end of Romer's political career.

[senorx12562]

Based on what I've seen I hope so, but I'll believe it when I see it.

[GratefulMeds]

:thumbsup:We need to stop politicians in their tracks when they submit bills like this. Every Community in Colorado is unique. We should not let anyone propose any legislation that is based on the hysteria whipped up by the press about the Denver scene and it's own unique issues. Nederland does not have the same safety, zoning and access issues as Denver, for that matter we are also different from our friends in Steamboat or Leadville or any other town. Keep the regulations up to the local municipalities and voters. This way troubles are addressed on a local level and specific regulations are not imposed on everyone.
If the State gets involved it means less not more access to medicine by patients. The patients and local community can weed out the bad apples in the industry and the Politicians need to back off so they can do just that. Don't be so quick everyone to give up your constitutional rights that everyone fought so hard to gain.
Power to the Patients
Mark

[canaguy27]

all we have to do is get some dirt on chris romer. then goto the press with it. mwhhahaha.

don't worry folks, he is just grandstanding. something WILL happen though, so please let your voice be heard.