Senator Romer has stated that 50 percent (CBS4) of the medical marijuana centers could close due to HB 10-1284. A multitude of factors could threaten the industry such as fees, zoning laws, and vertical integration that would require dispensaries to grow 70 percent of their medicine.

At a Sensible Colorado meeting this week, great concern was expressed about the exchange of information between the State Licensing Authority and the Federal Government due to HB 10-1284.

The bill will require a license for Medical Marijuana Centers or Medical Marijuana Infused Products Manufacturers, with an Optional Premises License for growing medical marijuana. On page 34 of HB 10-1284, reference is made to the location of an optional premises cultivation operation. It specifically states:

â??THE LOCATION OF AN OPTIONAL PREMISES CULTIVATION OPERATION AS DESCRIBED IN SECTION 12-43.3-403 SHALL BE A CONFIDENTIAL RECORD AND SHALL BE EXEMPT FROM THE COLORADO OPEN RECORDS ACT. STATE AND LOCAL LICENSING AUTHORITIES SHALL KEEP THE LOCATION OF AN OPTIONAL PREMISES CULTIVATION OPERATION CONFIDENTIAL AND SHALL REDACT THE LOCATION FROM ALL PUBLIC RECORDS. NOTWITHSTANDING ANY PROVISION OF THE LAW TO THE CONTRARY, A STATE OR LOCAL LICENSING AGENCY MAY SHARE INFORMATION REGARDING THE LOCATION OF AN OPTIONAL PREMISES CULTIVATION OPERATION WITH A PEACE OFFICER OR A LAW ENFORCEMENT AGENCY.â?

If a Medical Marijuana Center is required to grow 70 percent of their own medicine, the need to set up an optional premise for cultivation will be essential. According to the new bill, growers will no longer enjoy their former sense of privacy, as the State Licensing Authority has the right to know and inspect each location, which also may be disclosed to a law enforcement agency. A growerâ??s ability to fly beneath the radar has now been eliminated by HB 10-1284. Needless to say, this is worrisome to many.


The Obama administration has indicated that they will not prosecute medical marijuana businesses; they will leave it to the state. Therefore, if a Medical Marijuana Center is compliant with HB 10-1284, one would assume they would be safe from scrutiny. But as we all know, there is a sufficient amount of gray area within the law that continues to create uncertainty. The future of the industry will be interesting, and is sure to be challenged by the never-ending legal ambiguities.

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