DOR cancels emergency meetings

Cannabis Therapy Institutue - Medical Cannabis (Marijuana) Research, Education and Advocacy in Colorado

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Dept. of Revenue Cancels
Secret Medical Marijuana Meetings

Contact: Cannabis Therapy Institute
1-877-420-4205

{Denver} -- The Colorado Department of Revenue canceled a secret meeting of a government advisory board that had been scheduled for Wednesday after medical cannabis activists protested that these meetings are subject to Colorado's Sunshine Law, also known as the Colorado Open Meetings Act. This requires that any meeting of any public body be "open to the public at all times."
Read the Westword article about the meeting cancellation.
Activists discovered the plans for secret meetings last week when Matt Cook, head of the Department of Revenue's Medical Marijuana Enforcement Division, was asked if he was planning on appointing an advisory committee similar to the committee appointed by the Colorado Department of Public Health and Environment (CDPHE). Matt Cook responded that he had already appointed the committee and that the meetings would not be open to public observation because "we would not be able to get anything done."

Apparently, the Department of Revenue had quietly selected a 25-person Advisory Committee over the past several weeks to advise them on the hundreds of new rules that the Department of Revenue needs to promulgate to enact the new Colorado Medical Marijuana Code (formerly part of HB 10-1284) over the next year. You can see the members here.
According to emails from Matt Cook, the Department of Revenue then intended to meet with this Advisory Committee in private until they had a set of regulations to share with the rest of the industry. Only at that point would they make the rulemaking process public and allow other interested parties to observe.

However, the Colorado Sunshine Law requires that any meetings by any advisory board be open to the public at all times. The Cannabis Therapy Institute pointed this out to the Department in several emails over the course of the last few days. Originally, the Department claimed this meeting was exempt from the Open Meetings Act. However, on Tuesday evening, after discussion with the Department's legal team, Matt Cook decided to cancel the Wed. meeting. He told CTI, "In light of the concerns about this meeting, I will reschedule at a later date and give you Notice." Presumably, this means the Department will now comply fully with the Open Meetings Act and give public notice of the meeting and as well as allow public observation.

However, it is unclear how the Department of Revenue appointed these board members in the first place. The Colorado Department of Public Health and Environment (CDPHE) recently appointed their Medical Marijuana Advisory Committee. The CDPHE went through a process where they allowed the public to apply for positions on the Committee. They then reviewed over 100 applications before they selected the candidates and announced them in a press release on July 16. The first Advisory Committee meeting was open to the public.
Why did Matt Cook decide to hand-pick his advisory board and not allow other members of the industry to apply for these positions? The Department of Revenue just received $7 million in state application fees from over 1,000 different dispensaries, manufacturers and growers. Surely, some of these parties deserve a chance to apply for a position on the Advisory Board that will help decide how the medical marijuana industry in Colorado is regulated.

The Department of Revenue is not off to a good start in showing accountability and transparency in its rulemaking process. On Monday, the Department called its first-ever rulemaking meeting as an "emergency" meeting, which allowed them to get around the public notice and comment period, where no real emergency was discussed.

According to Senator Chris Romer, the main proponent of Colorado's new medical marijuana law, the Department of Revenue was chosen to run the medical marijuana program instead of the CDPHE because the CDPHE had proven that they were antagonistic to the medical marijuana law over the years. The Department of Revenue was supposed to fix that problem and be better and more competent than the CDPHE at implementing the law.

Given this, we would like the Department of Revenue to strive for the highest standards with their rulemaking authority, and with all the other authorities that they have over the medical marijuana program.

Members of the Cannabis Therapy Institute and the Colorado Coalition for Patients and Caregivers are calling on the Department of Revenue to re-open their Advisory Committee appointments to a public application process, just as the CDPHE did for their advisory committee. The creation of a hand-picked board causes the appearance of impropriety.
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Cannabis Therapy Institutue - Medical Cannabis (Marijuana) Research, Education and Advocacy in Colorado


Cannabis Therapy Institute
P.O. Box 19084, Boulder, CO 80308
Phone: 877-420-4205
Web: Cannabis Therapy Institutue - Medical Cannabis (Marijuana) Research, Education and Advocacy in Colorado
Email: [email protected]

Allowing "members of the industry" to apply for a place on this committee makes about as much sense as allowing BP to write their own safety regulations. The old adage about foxes and hen houses applies. AFAIC, members of the industry should have exactly zero input in this process. It's sickening how we allow the objects of regulation to write their own rules. I'd rather Matt Cook consult a Ouija board or throw darts at things taped to the wall.

Sorry guys, gotta run. I'm late for my "Advanced Topics in Cannabis Religion" class down at the CTI. I'm paying them thousands of dollars to become a Certified Cannabis Ministerâ?¢! (Yes, they really trademarked that.)

They need to allow people who just don't support the new rules but people who support this and get a mix of ideas. Having people who oppose AND support mmj would be a good way to compromise but we don't need people who are close minded. If everyone is open minded about it, maybe this would be a good way to change people's opinions and get where we want to be. I know this is asking a lot for people to compromise but anything is possible...it is Colorado after all. Who would have known we've made it this far?