For the few months, only established medical marijuana dispensaries will be able to offer marijuana to adults.
By Michael Komorn
Six marijuana regulatory bills were signed into law Tuesday by Colorado’s governor while the state awaits a federal response to recreational marijuana legalization. Without being strict to the point that marijuana sales remain on the black market, the new laws are an attempt to regulate legalized cannabis and keep it away from children.
Below you will discover some highlights from Colorado’s new cannabis laws:
YOU CAN COME BUY IT, BUT YOU CAN’T TAKE IT HOME
If you are visiting Colorado and would like to purchase marijuana, you can still do so, but will be limited to a quarter-ounce in a single transaction. The law doesn’t bad adults over 21 from possessing a full ounce, residents or not. These purchasing limits are being perceived as an effort to reduce interstate trafficking and help persuade the federal government not to crack down on recreational sales.
THE POT BUSINESS ISN’T OPEN FOR BUSINESS, YET
For the first few months Colorado’s marijuana industry will be limited to people already licensed to sell or produce medical marijuana. Once the grandfathering period expires, licensees will still need to be Colorado residents for two years, and investors will face residency requirements as well. The residency requirements were added in an effort to prevent Colorado from becoming a production ground for criminal drug cartels.
(Related: Prosecutors, Law Enforcement Must Consider Medicine Before Marijuana in Arrests)
THE CAMERAS BETTER BE ROLLING WHEN YOU GROW IT
Colorado tried and failed to establish constant video surveillance of medical marijuana, in what was hoped to be a seed-to-sale tracking system to keep the industry honest. A lack of funds is the primary reason for its failure thusfar, but the agency that oversees marijuana says it has learned its lesson and will have the necessary funds to follow through with seed-to-sale tracking next year.
NOT EVERY TOWN WILL SELL IT
The state’s marijuana infrastructure gives local and county governments broad power to ban retail marijuana sales if they desire, though home growing will still be permitted across the state. Advocates of legalization say the next Colorado political battle to watch will be which communities ban pot shops, prompting the possibility that marijuana sales will be predominantly concentrated in big cities that currently allow retail medical marijuana shops.
MARIJUANA CLUBS AREN’T SAFE
The new marijuana law has been tested in recent months by entrepreneurs in Colorado by opening private clubs that allow communal pot smoking, but no sales, for a membership fee. The legislation attempts to crack down on the spread of this type of cannabis clubs by stating that they’re not exempt from clean indoor air laws, unlike membership cigar clubs.
(Related: Marijuana Rapidly Grows In Favor With U.S., While Obama Remains Rigid)
KIDS GET NEW PROTECTIONS
The state’s new laws aim to prevent youth marijuana use as much as they can. The laws create a new crime of sharing marijuana with someone under 21, an analogy to current delinquency laws and alcohol. In addition, the laws mandate child-proof packaging for marijuana sales and bans varieties of marketing that is thought to appeal to kids, like cartoon characters in ads and packaging. The new 10 percent marijuana sales tax will be used in part on educational campaigns telling people under 21 to avoid the drug.
DON’T SMOKE AND DRIVE
For the first time, following years of debate, Colorado now has a blood-level limit for marijuana and drivers. The law states that juries can presume drivers are too stoned to drive if their blood contains more than 5 nanograms per milliliter of THC. Washington state adopted the same driving standard on the ballot last year, but Colorado left the question to the state Legislature.
Source: House bills 1042, 1238, 1 317, 1318 and 1325, and Senate Bill 283
If you or someone you know is facing charges as a result of Medical Marijuana prescribed to you as a Medical Marijuana patient under the Michigan Medical Marijuana Act, contact Komorn Law and ensure your rights are protected.
Michael Komorn is recognized as a leading expert on the Michigan Medical Marihuana Act. He is the President of theMichigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group with over 26,000 members, which advocates for medical marijuana patients, and caregiver rights. Michael is also the host of Planet Green Trees Radio, a marijuana reform based show, which is broadcast every Thursday night 8-10 pm EST. Follow Komorn onTwitter.
