Marijuana: Inside recreational and medical draft rules

Categories: Marijuana

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Big photos and more below.
The rulemaking surrounding Amendment 64 is in full swing at the state level. The Department of Revenue has released a set of draft rule changes and clarifications for a huge chunk of medical marijuana law, as well as draft regs regarding the recreational cannabis industry.

The 100-plus page document is full of details, some mundane and some worth noting. We did a quick scan and have pointed out a few of the highlights (or lowlights, depending on your view) below.

The new rules aren't set in stone yet, however. There will be public hearings 9 a.m. to 5 p.m. August 20, 21 and 22 at the state Supreme Court Chambers, 200 East Colfax Avenue, in Denver. Written comments from stakeholders are also being accepted: E-mail your thoughts to Jordan.wellington@state.co.us or snail-mail them to the MED at 455 Sherman St. Suite 390, Denver 80203.

This also isn't the end of the rulemaking for the newly-created Marijuana Enforcement Division (previously the Medical Marijuana Enforcement Division). Up next will be the topics of production limits and testing mandates, as well as more details on inventory tracking.

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Barbara Brohl.
"Not only does this approach allow us to ensure that stakeholder input plays an integral role in the formulation of these rules, it allows us to maintain good working relationships with industry members, fellow regulatory and law enforcement agencies and the public we are here to protect," Barbara Brohl, Executive Director of the Department of Revenue, said in a prepared statement. "By keeping the conversation open and inclusive the MED can stay abreast of safety concerns, industry trends or enforcement issues and work with our stakeholders to resolve problems before they arise. This will allow us to provide a proactive, well-reasoned approach to regulation of Colorado's Marijuana Industries -- a foundation we will continue to build on as we move forward and formulate rules in the future."

The complete draft document is below -- but to help you navigate it, we've pointed out some places where changes were made, and other sections that deserve attention. There are a lot more of the latter, especially if you're a medical cannabis business owner -- but this should give you a place to start. And as a bonus, we've illustrated the post with photos from our picks for the ten dankest strains of 2012.

The document clarifies that anyone "engaged in the business of" medical marijuana -- and that includes anyone giving it away -- has to be licensed, or they are illegal. I guess they hadn't clarified that before?

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707 Headband x Maui.
The definitions passages (Section M103) spell out a number of terms. Here are some examples:

"Batch" means a specifically identified quantity of processed medical marijuana that is uniform in strain and potency, cultivated utilizing the same herbicides, pesticides and fungicides, and harvested during the same cultivation cycle.

"Container" means the sealed package in which medical marijuana or a medical marijuana product is placed for sale to a patient and that has been labeled.

"Edible Medical Marijuana-Infused Product" means any medical marijuana infused product that is intended to be consumed orally, including but not limited to, any type of food, drink, or pill.

"Immature plant" means a nonflowering medical marijuana plant that is no taller than eight inches and no wider than eight inches produced from a cutting, clipping or seedling and that is in a growing/cultivating container that is no larger than two inches wide and two inches tall that is sealed on the sides and bottom.

Continue for more about new recreational and medial marijuana draft rules.



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33 comments
Dave Adams
Dave Adams

It’s a shame they don’t address the care-giver discrepancies.

Kush_is_my_Cologne
Kush_is_my_Cologne

It’s a shame they don’t address the care-giver discrepancies.   

avman88
avman88

I just keep getting it from my dealer.

Feds and State can't track me that way.

meatball5
meatball5

Thats my point. There are regulations that Ag greenhouses have to follow that MMJ grows do not. 

One of those things is putting a check on fertilizer dissipation into the water system. Which has not happened. Grows are dumping thousands of gallons of untreated fertilizer water into our water system. Not to mention the pesticides being used getting into our already overloaded water system.


meatball5
meatball5

nothing about all the fertilizer being dumped into our water system by the grows??

Guest
Guest

Interested parties must read ALL the new marijuana law that the DOR will be holding hearings on this week. To make it more difficult, the DOR completely revised the permanent rules from July 15. Last week they issued completely new versions:

The Retail Marijuana Code went from 73 pages (July 15) to 126 pages (Aug. 13 version)
Medical Marijuana Code went from 78 pages (July 15) to 111 pages (Aug. 13 version)

This should have triggered  a new 30 day comment period as required by law, but no, there will be 3 days of hearings on it starting on Tuesday.

http://www.colorado.gov/cs/Satellite?c=Page&childpagename=Rev-MMJ%2FCBONLayout&cid=1251638236638&pagename=CBONWrapper

Congrats to the marijuana "industry." This is a textbook example of how you kill an industry through over-regulation. So sad that Colorado is the "model" for the rest of the country.

Monkey
Monkey

"Notwithstanding defined, very limited exceptions in the Colorado Constitution, any person who buys, sells,transfers, gives away, or acquires Medical Marijuana outside the requirements (of) the Medical Code is engaging in illegal activity pursuant to Colorado law." 

Those "very limited exceptions" aren't very limited. Caregivers can transfer weed to their patients without a "license", and patients can designate a caregiver at any time. Now, anyone 21 and older can transfer weed to anyone 21 and over without a "license", and assist each other with the use, transport, cultivation and display of marijuana, without a "license". They can't create a license for transferring, giving away or acquiring weed, because it's legal without a license, so saying you can't do it without a license is a ridiculous manipulation of words.

To me, it appears nothing has changed, as usual. Craigslist will still be full of people "giving away" weed legally, as long as they don't "sell" it "illegally". Caregivers get paid for "the cost of cultivation" which obviously includes labor, allowing them to sell their time and services instead of products. I imagine that's what the smarter "recreational" crowd will do as well, selling their "assistance" instead of the weed itself. 

They say the people are abusing the laws and finding loop-holes, I say they are abusing the law, and trying to scare people away from their constitutional rights. Lucky for us, our constitutional rights outweigh statutory rules every time. If anyone is guilty of "poor moral character", it's the MED, not the people who ignore the MED. 


Tyrants4Sale
Tyrants4Sale

It's gotta be hard being a small business entrepeneur living in a 'pot-friendly' state that contains a bunch of 'pot-unfriendly' morons as legislators and law enforcement officials....The cops in Seattle have decided to embrace their public and go along with their wishes....The pigs here decided to lobby for stricter enforcement and forced blood draws....Apples to oranges......

Cognitive_Dissident
Cognitive_Dissident topcommenter

 "Immature plant" means a nonflowering medical marijuana plant that is no taller than eight inches and no wider than eight inches produced from a cutting, clipping or seedling and that is in a growing/cultivating container that is no larger than two inches wide and two inches tall that is sealed on the sides and bottom.

My Solo cups are considerably larger than two inches wide and two inches tall. Who's the idiot who came up with that?

Oh, and those Solo cups? Holes in the bottom for drainage, not "sealed."

Matthew Werner
Matthew Werner

marijuana legalization has nothing to do with ethics, beneficial medicinal properties, progressive values, or a failed war on drugs and the people suffering because of it. it has to do with profit for the investors and the state. period. go capitalism!

Matthew Werner
Matthew Werner

moving forward, making profit, shutting out small business, showing the rest of the country how to create an oligopoly and usher in a new future of the rich get richer

reeferaddict
reeferaddict

What is most depressing about this is the fact that not a single one of these asshats has managed to come to the realization that the so-called "seed-to-sale" tracking model is a physical impossibility and a complete waste of literally millions of taxpayer dollars.  They can't even keep track of the MMC licensing process, fer chrissakes, and these morons think they can track every single fucking cannabis plant grown and cloned in the entire state of Colorado? Total dumbfuckery, nothing less.

I guess that goes hand-in-hand with the rest of the monumental levels of wasteful spending the government has manged with this program: a completely un-needed fleet of brand new SUVs, so called "cannabis treatment response vans" for idiots like Thurstone, etc. 

It is so incompetent one might almost believe it has been done on purpose from the beginning in order to make legal cannabis "impossible". Gee, I wonder.  

Graham Marshall Mueller
Graham Marshall Mueller

moving forward, making progress. we'll show the rest of the country how to do it, and usher in a new future!

CoreyDonahue
CoreyDonahue

All rules were made in the metting between Nixonlooper and The DOJ in the closed door conversations they had regarding the IMPLEMATAION A64.

Where are the conversations between Nixonlooper and the DOJ regarding the IMPLEMENTATION of A64?

But please pretend that your voice matters and you have any say in the IMPLEMENTATION of this.  I am sure they are listening to your thoughts on the IMPLEMENTATION of A64.  

Oh and hows that whole database intagration going?  Or the cannabis DUI?  Are they part of the DOJ IMPLEMENTATION of A64?

Bat take condolances at least the public will be protected from you criminals.

and the public we are here to protect," Barbara Brohl, Executive Director of the Department of Revenue,
 

stuka1
stuka1

@meatball5 

WHAT grows do you claim are "dumping thousands of gallons"...?  WHERE is your EVIDENCE for this assertion, or are you just pulling it out of your ass?

GuestWho
GuestWho topcommenter

@meatball5   Again, the clean water act should apply here just like it did with walmart in the link I provided.  I'm sure it is illegal for marijuana businesses to dump hazardous waste, or fertilizer, down the drain just like it was illegal for walmart to do it.  There is no need to duplicate environmental laws that exist at the federal level.  A64 didn't invent fertilizer, it just legalized growing specific amounts of marijuana without penalty.  It is the responsibility of the marijuana entrepreneurs to know the federal environmental laws that exist and shouldn't be spelled out for them by the DOR in the regulations.

Cognitive_Dissident
Cognitive_Dissident topcommenter

@Monkey With regard to abusing the laws and finding loopholes, as I like to say "A constitutionally-affirmed freedom is not a 'loophole.'"

Monkey
Monkey

@Cognitive_Dissident ...And since they're still a plant, and plant numbers are the concern, is there no difference between "immature" and mature plants when it comes to personal garden plant numbers?

Guest
Guest

@reeferaddict That's the whole point -- the seed to sale tracking system, which will be required of all dispensaries, is designed so that YOU can NEVER be in total compliance. Out of this 200+pages of regulations, you will always be in violation of something. So no one will ever be completely "legal".

michael.roberts
michael.roberts moderator editortopcommenter

@Graham Marshall Mueller An optimistic post, Graham. Thanks.

CoreyDonahue
CoreyDonahue

@Graham Marshall Mueller You have not read A64 have you?

Kush_is_my_Cologne
Kush_is_my_Cologne

@Monkey @Djadamstall  My previous caregivers didn't take care of me as their patient very well, in fact they hardly ever provided what is needed to me for a price I could afford, so mostly I went to other growers with coupons.  For example when I asked my last (2) MMJ caregivers for the plant trim for the 6 plants they are growing for me, I was always turned down, because they would rather make hash and sell it, but wait aren't those my plants you're growing, I would say to myself.  

It would be nice to have MMJ caregivers to be required to be non-profit and having caregivers having to comply with meeting the needs of their patients such as giving them the trim of their plants, instead of making a profit selling to non-patients.  Just saying MMJ Caregivers are the exact opposite, they are money grubbing Capitalist, and the city and state should both ensure patients aren't being taking advantage of, such as in the case of today's society!

Cognitive_Dissident
Cognitive_Dissident topcommenter

@Monkey @Cognitive_Dissident Matt the previous asshole-in-charge looked me in the eye when I brought up that issue a couple years back, and told me "I have precedent that a cutting is a plant!"

So you can guess they're not interested in getting "to the bottom" of that.

Cognitive_Dissident
Cognitive_Dissident topcommenter

@Guest @reeferaddict I'm about ready to get "completely legal" by putting a sun room in the south (back) of my house and growing three monster plants, which I'll start vegging in my basement the moment I hack down the previous harvest. I can push the envelope too. You can get opaque glass that lets in something like 90% of the light, so it should be 100% "legit."

anon
anon

@Djadamstall You just haven't found the right caregiver. I take care of one friend that really needs the help, and I give him everything he needs for free. Simple as that. Dr. Shackelford is his doctor and I do whatever I can to help. So just saying - Not all are pure money grubbing capitalists :-)

Kush_is_my_Cologne
Kush_is_my_Cologne

@Monkey @Djadamstall  Some good ideas, but as of today, ensuring a patients needs are being met is not realistic in CO for MMJ, that's why I think the City of Denver and the State of Colorado could take a few lessons on creating non-profit dispensaries from Los Angeles.  California was able to create non-profits MMJ to ensure patients weren't being taken advantage of like in the circumstance in Colorado.  The only realistic way to ensure plant trim, edibles, flower, hash is for a patient to grow and make it themselves.  Unfortunately, if a person is not well, or doesn't  have the means to grow it leaves them to little to no choice, but to pay outrageous prices $$$$.  This is why the state needs to address the caregiver  discrepancies on the medical draft rules!

Monkey
Monkey

@Djadamstall   I understand you've had difficulty finding a caregiver who provides what you want, and that's unfortunate. I find it hard to believe you will ever find a caregiver, grower or dispensary to supply you with what you want for no profit. I suggest a personal contract with a caregiver, with clear terms that include details such as trim if that's important to you. You should ensure you're being taken care of when hiring anyone to perform services, and services patients may or may not want from their private caregiver is none of the city or states business.

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