Marijuana: No public input before temporary Amendment 64 rules take effect July 1

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When Governor John Hickenlooper signed six marijuana bills last week, casual observers may have been tempted to believe the hard work of putting Amendment 64 into effect is over. But no: Now comes the laborious process of creating rules and regulations for the assorted measures by July 1, four weeks from today. As such, the Department of Revenue, in charge of the process, will enact temporary regs on an emergency basis -- and at least one A64 campaign powerhouse is perfectly fine with that.

"Fortunately," says proponent Mason Tvert, "there's been significant opportunity for the public to comment throughout the entire process."

On this point, at least, Tvert is in agreement with the Revenue department, which is operating under a tight deadline imposed by the amendment's language. One passage of the law reads, "Not later than July 1, 2013, the Department shall adopt regulations necessary for implementation of this section" -- specifically, passages under the heading, "Regulation of Marijuana."

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Photo by Wax Jones
Hickenlooper at the bill-signing ceremony last week.
Because Hickenlooper inked the laws to make A64 flesh on May 28, the DOR had just over a month to accomplish this enormous task -- and officials clearly believe doing so while holding public hearings will be impossible. As such, the department has issued an announcement, on view below in its entirety, to establish "temporary/emergency rulemaking" sans additional input from interested parties, at least for the remainder of June. The rationale is explained in the following passage:
Governor Hickenlooper established a Task Force that brought together a wide variety of stakeholders, heard extensive testimony from the public, and provided recommendations to the Governor, General Assembly, and Attorney General regarding implementation of Amendment 64. A special Joint Select Committee was convened to review the Task Force recommendations and draft legislation. Given the breadth and depth of the public participation in connection with the Task Force and the implementing legislation and the short time within which the State Licensing Authority is required to adopt emergency rules, there will not be opportunity for additional input from the public prior to July 1.
That sounds reasonable to Tvert.

"Given the deadline, it's understandable," he maintains. "They're working quickly and they feel they're taking public sentiment expressed throughout the legislative process into account as they develop these rules. And the rules will be revisited again in the very near future."

Indeed, the announcement notes that in July or early August, "the State Licensing Authority will establish a representative group of participants with an interest in the subject of the rulemaking to provide input;" members are expected to include "various stakeholders." Shortly thereafter, on August 19, the formal rulemaking hearing will take place.

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Photo by Sam Levin
Mason Tvert at a press event earlier this year.
Tvert understands that the rulemaking process will be just as important as the one pertaining to the recently passed bills. "The voters in Colorado have made it clear they want marijuana to be a product that's regulated and treated like other legal products -- particularly alcohol," he says. "And it's up to the Department of Revenue to create regulations that reflect that."

Moreover, he continues, "representatives from the campaign have remained involved in ensuring that the intent and the letter Amendment 64 are being followed, and we'll continue to do so."

Here's the DOR announcement.

Retail Marijuana Rulemaking Announcement

More from our Marijuana archive: "Marijuana: Governor John Hickenlooper signs six pot bills that 'are charting new territory.'"

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24 comments
thomasmc
thomasmc

It's been estimated that the State will save up to a half a billion dollars a year in costs related to marijuana in the judicial system - from cops to courts to probation and incarceration - yet these greedy pricks still want MORE money in the form of additional taxes!

Juan_Leg
Juan_Leg

I'm tired of arguing about this mess ....

We have made our bed and now must lay in it ....

JimTom
JimTom topcommenter

MMJ Mafia look out, as soon as you can sell retail I will be recruiting customers in your parking lots. A64 rules say I CAN"T sell legal retail for 3 years because of your monopoly. That leaves me only one recourse if I want to sell like you. So I and my associates will stand on the sidewalk in front of your shops and provide your customers with info on how to obtain higher quality and TAX FREE weed. Enjoy!   

JimTom
JimTom topcommenter

As the MMJ Mafia rolls on!

betweenthepuffs
betweenthepuffs

Anyone who votes for the 30% extortion tax in November is a SUCKER!.....The rules concerning A64 were drafted by law enforcement and their pedophile buddies over at 'SMART Colorado'....These rules are set up to further abuse and incarcerate law-abiding Colorado citizens while simultaneously creating revenue for these scumbags...

betweenthepuffs
betweenthepuffs

I wonder if 'SMART Colorado' and their band of pedophiles will have a HEAD seat at the table like they did on the governor's committee....

Che Harness
Che Harness

and like most rules enacted by legislature's will be nearly impossible to change or repeal without mass amounts of money and public effort.

B-rad K. Evans
B-rad K. Evans

Wasn't the vote last November a referendum for this? Today's leaders are scared shitless - rightly so since there is still NO WORD from the Feds on what they will do when this is fully released into the public domain... I say get it out there as fast as possible, and public input will only delay it.

Monkey
Monkey

I'm so jealous of Washington when I read about their proposed rules compared to ours. I bet Washington's model will end up way better than what we get, they are seeking public input at all phases. This is how they are planning to regulate marijuana like alcohol, sounds so much smarter than us.

$1000 license fee, $250 application fee. Can't own both retail and cultivation businesses (to help avoid monopolies)

"It would be easier for the Liquor Control Board to allow only large growers because they'd be fewer and easier to regulate, said agency spokesman Brian Smith. But it's the board's intention to allow all types of business models to get into the industry, he said, and he believes "there's room for everybody."


"The law requires the Liquor Control Board, at some point, to set the maximum amount of pot a grower can have on premises. Once they know demand, state officials could apportion licenses among different classes of growers, based on size. Or the board could cap the share of the growing market for individual producers. Or the board could cap total grams of the psychoactive ingredient THC each grower can produce, rather than the size of an operation by square footage or number of plants.

http://www.columbian.com/news/2013/jun/03/big-marijuana-in-washington-concerns-rise/

CloudGang
CloudGang

I have been around marijuana too long to remember, yet here are these officials running around like we started a civil war.

I can't think of a better way to spend tax dollars...sike!

DonkeyHotay
DonkeyHotay topcommenter

 "That sounds reasonable to mendacious Mason Tvert"

*** Get REGULATED, Bitches! ... it's what you voted for! ***

... be sure to use plenty of lubrication on the framework!


matador13th1
matador13th1

@JimTomHi Jim guess what buddy, you dont need a lic. to sell weed. Its your right to engage in commerce, U.S Cons, Art 1 Sec 10. So fuck these MMJ idiots and start selling even before they get their lil lic from there masters lolol. GOOD LUCK! deanclifford.info

matador13th1
matador13th1

@JimTom Hi Jim guess what buddy, you dont need a lic. to sell weed. Its your right to engage in commerce, U.S Cons, Art 1 Sec 10. So fuck these MMJ idiots and start selling even before they get their lil lic from there masters lolol. GOOD LUCK! deanclifford.info

one2one2
one2one2

@JimTom im going to be the thimble. haha sucks to be out of the game.

CoreyDonahue
CoreyDonahue

@betweenthepuffs No it's not Jabba the Tvert and the whores over at the WASTEWORD told us that this is legalization, the end of the war on drugs and regulation like alcohol.  Why would they lie?  Unless they are all making a shit ton of money by regulating our rights.  

Let's just hope the WASTEWORD gets the black bag treatment with the marijuana advertising ban.

nemopunk15
nemopunk15 topcommenter

@Monkey If you can't come up with 10 grand and a few months running costs you don't need to be a business owner. This is not special to marijuana.

CloudGang
CloudGang

@DonkeyHotay Tvert been eating off this shit for a while.

Every one of these punks meet all test of a criminal indictment charge under the US RICO act.

wikipedia-In many cases, the threat of a RICO indictment can force defendants to plead guilty to lesser charges, in part because the seizure of assets would make it difficult to pay a defense attorney. Despite its harsh provisions, a RICO-related charge is considered easy to prove in court, as it focuses on patterns of behavior as opposed to criminal acts.

matador13th1
matador13th1

@one2one2 @JimTom lol haha watch out homo, I going to teach everyone how to open a business without needing a lic. lol whos laughing now haahahah

Monkey
Monkey

@nemopunk15  Regulate like alcohol.

Brew Pub License:  Allows sale and consumption on premises of malt, vinous and spirituous liquors, and permits the manufacture of malt liquor on the licensed premises. Malt liquor which is manufactured on licensed premises may be sold for consumption on the premises, sold to an independent wholesaler for distribution to other licensed retailers, or sold to the public in properly labeled sealed containers "to go."

Brew Pub License Fee: ...$750

CloudGang
CloudGang

@DonkeyHotay @CloudGang suck these nuts! shut the fuck up bitch. You are exactly like all the little whining bitches I know.....but don't ever do nothing.

Hth

DonkeyHotay
DonkeyHotay topcommenter

@CloudGang ... your life might not be so damn difficult if you weren't such an uneducated illiterate.

Give it some thought.

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