By Peter Marcus, DENVER DAILY NEWS

Medical marijuana advocates are concerned that proposed new regulations for the industry will result in patient tracking, scaring patients away from wanting to be a part of the system.

The Cannabis Therapy Institute is asking advocates to oppose the draft rules by the Colorado Department of Revenue because they say it will lead to fear.

The rules, released at the end of August, consist of 92 pages of proposed regulations. Much of it will become the basis for permanent regulations for the burgeoning medical marijuana industry in Colorado, and perhaps set a template for states across the nation.

But while state regulators say they are only developing “protections,” patients and advocates are arguing that the rules would violate constitutional rights to privacy as a patient.

“Caregivers reluctantly gave up their constitutional right to provide medicine to their patients, and now they are faced with volumes of new regulations and thousands of dollars more in costs to bring their ‘centers’ into compliance,” states an e-mail to supporters from the Cannabis Therapy Institute, referring to Medical Marijuana Centers, or dispensaries.

One of the draft rules calls for dispensaries to use surveillance cameras to record every transaction and processing step, known as seed-to-sale monitoring, says the Cannabis Therapy Institute, which has reviewed the entire proposal several times since it was released at the end of August at a Department of Revenue workgroup meeting on medical marijuana regulation.

Dispensaries would also be required to link their point-of-sale systems with their video surveillance systems, and patients would be required to place their medical marijuana registry cards and driver’s license in a space on the counter so that the cameras could capture it. Advocates fear this move will lead to patient tracking and privacy violations.

Matt Cook, head of the Colorado Department of Revenue’s Medical Marijuana Enforcement Division, explains the Web-based tracking system as necessary for enforcement. The system will be able to tell if a patient has visited multiple dispensaries, seeking to have multiple primary caregivers. Under Colorado law, a patient is technically only allowed to have one primary caregiver. Dispensaries will then be encouraged to turn the patient away.

“They have begun writing the hundreds of pages of regulations, which are forcing these formerly legal business owners out of business,” says the Cannabis Therapy Institute.

The advocacy group for medical marijuana patients also believes the Web-based tracking system will scare people away from registering.

“If patients have to swipe a card and get into a government database every time they buy medicine, no patient will want to be part of the program,” states the Cannabis Therapy Institute.

Cook, however, sees the issue as being about enforcement and fairness.

“This is all about a level playing field and putting some protections in place,” he said.

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By Peter Marcus, DENVER DAILY NEWS

Local pot advocates believe it is “ridiculous” that Facebook has blocked a marijuana legalization campaign from displaying the image of a pot leaf in ads on the social-networking site. Facebook has censored the Just Say Now campaign from using pot images in its advertising. The campaign aims to draw support for legalization efforts in several states, including a ballot initiative scheduled for 2012 in Colorado.

Facebook censored the ads on Aug. 16 without explanation. When later asked by reporters, Facebook said the pot leaf violated Facebook’s policy against advertising smoking products.

Pot advocates, however, say Facebook needs to get its priorities straight. They believe marijuana is a less dangerous substance than products such as alcohol and tobacco.

“Facebook prides itself on being ahead of the times, but when it comes to marijuana, they’re behind the times,” said local marijuana advocate Mason Tvert, executive director of Safer Alternative for Enjoyable Recreation (SAFER). “They certainly would have no problems with images of alcohol. So, it’s unfortunate they’re unwilling to show an image of a safer substance.”

Tvert led two successful legalization campaigns in Denver, legalizing the simple possession of marijuana for adults in the city. He attempted a statewide initiative in 2006, but the initiative failed.

Colorado pot advocates are gearing up for a legalization ballot initiative in 2012. They expect to receive the support of the Just Say Now campaign.

Wayward Bill Chengelis, chairman of the U.S. Marijuana Party of Colorado, said it is reasonable to believe that following the 2012 elections, Colorado will have legalized marijuana, and it won’t be solely regulated to medicinal use.

“It’s not far fetched as it sounds,” said Chengelis. “In 2006 we voted to legalize adult use and lost at 43 percent. However, the demographics changed, are changing, and you could be part of the change.”

At last weekend’s Cannabis Festiva festival at Dick’s Sporting Goods Park, Chengelis proposed the Cannabis Habitation Colorado movement. He is asking all “cannabis lovers” to relocate to Colorado.

“We want to turn colorful Colorado into cannabis culture Colorado,” said Chengelis, who says he has received 50 commitments from out-of-state cannabis lovers.

“We can control one geographic area in America,” added Chengelis. “Cannabis Habitation Colorado. We will have legal pot in Colorado by the year 2012.”

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By Debi Brazzale, COLORADO NEWS AGENCY

Pending approval this fall, people with Tourette’s Syndrome may be able under state law to use medical marijuana to help quell symptoms of the disorder. If so, it’ll be thanks to a patient who approached the Colorado Department of Public Health and Environment in March armed with research that suggests Tourette’s patients may find relief with marijuana.

A formal request, as required by law, by the health department to add the disorder to the list of treatable ailments was submitted Tuesday to the Department of Regulatory Services, which has the authority to approve or deny the request. Tourette’s is a neurological disorder that causes involuntary motor or vocal “tics” that are repetitive and rapid such as blinking, twitching, or grunts. Symptoms range from moderate to severe, and treatments vary.

The health department found the information submitted to department staff last March to be credible.

“Based upon both the information supplied by the petitioner and a review of the medical literature which shows some scientific evidence of efficacy in humans and no evidence of harm, the department is bringing this rulemaking action to add Tourette’s syndrome as a debilitating medical condition for which an individual could apply to the Medical Marijuana Program for a registry identification card,” read the request.

Colorado voters approved a citizens initiative in 2000 allowing the using of medical marijuana to treat a variety of ailments. State regulators wield the authority to fine-tune the list of allowable uses of medical marijuana.

However, policy makers in state and local government have been trying to rein in the proliferation over the last year of medical-marijuana dispensaries that have popped up in larger cities. Marijuana is still illegal under federal law.

Two measures passed by the legislature curbing the herb’s use were signed into law this year by Gov. Bill Ritter after rigorous debate and considerable wrangling over the details. House Bill 1284, sponsored by House members Tom Massey, R-Poncha Springs, and Ken Summers, R-Lakewood, along with Senate members Chris Romer, D- Denver, and Nancy Spence, R-Centennial, put in place guidelines for medical marijuana dispensaries in the name of weeding out illegitimate dispensaries. Senate Bill 109 fine-tuned the doctor-patient relationship when medical marijuana is recommended, and was sponsored by Romer, Spence, Massey and Rep. Beth McCann, D-Denver.

Spence said that she supports the addition of Tourette’s if the evidence points to the effectiveness of medical marijuana in treating the disorder.

“I don’t have a problem with Tourette’s being added to the list,” said Spence. “I would defer to the experts though in making that determination, and I trust that the department will look at the research.”

A hearing is set for 10 a.m. on Sept. 15 at the health department and is open to the public.

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Even before Gov. Bill Ritter has signed into law new rules for Colorado’s medical-marijuana industry, the next moves in the ongoing chess match of cannabis regulation and adaptation are already taking shape, The Denver Post reports.

Last week, a team of attorneys who specialize in medical-marijuana cases met with several dozen potential plaintiffs in preparing a lawsuit to challenge the rules as unconstitutionally restrictive.

At the other end of the spectrum, prosecutors and others who believe the legislature overstepped its authority in liberalizing marijuana regulations were pondering their legal options.

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This week, Gov. Bill Ritter is expected to sign a law granting regulators broad authority over Colorado’s fast-growing medical marijuana industry, Face The State reports.

House Bill 1284 will create a statewide system to license businesses that wish to grow and sell marijuana or pot-infused products to patients. The 77-page statute will establish an entirely new regulatory wing within the Colorado Department of Revenue and put in place dozens of rules dealing with everything from product labeling, to hours of operation, to financial record keeping.

But, under HB 1284, an applicant for a state medical marijuana businesses license first must be granted a medical marijuana business license from the municipality and county where the business will be located.

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At first, the Colorado House wanted a conference committee to be formed to iron out differences it had with the Senate over a bill to regulate medical marijuana dispensaries.

But when enough senators told House members they would rather kill the bill than do so, representatives thought better of the committee’s idea and accepted the Senate’s changes instead, the Grand Junction Daily Sentinel reports.

As a result, a measure that could reduce the number of dispensaries in the state by requiring them to abide by stringent regulations is on its way to the governor’s desk.

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By Gene Davis, DENVER DAILY NEWS
A comprehensive bill that would regulate Colorado’s booming medical marijuana industry is expected to head to Gov. Bill Ritter’s desk today for a signature.
But a group of medical marijuana attorneys is hoping to prevent the bill from becoming law by challenging the measure’s legality in court.
House Bill 1284 would create a medical marijuana licensing authority within the Department of Revenue. The House today is expected to approve a set of amendments added by the Senate and send the bill to Ritter.
The most contentious part of the measure would allow local municipalities to ban dispensaries — referred to as centers in the bill — from operating within city limits. Additionally, the bill would require people opening a medical marijuana center to be a Colorado resident for two years and only allow caregivers to provide marijuana to five patients or less.
Medical marijuana attorneys like Rob Corry and Brian Vicente believe the bill has several provisions that would restrict patients from their constitutionally protected access to medicine and, as a result, be unconstitutional.
“It’s not too late for the Legislature and or the governor to avert this litigation, to avoid it all together by either passing legislation that is in compliance with the constitution, orÉ voting down this legislation and or vetoing it,” said Corry.
However, bill sponsor Sen. Chris Romer, D-Denver, pointed out that Amendment 20 only granted access to marijuana for seriously ill Coloradans. The measure passed by voters in 2000 doesn’t talk about or guarantee a business model for dispensing medical marijuana.
“The bill’s not perfect, but it’s constitutional,” Romer said.
Corry acknowledged that a lawsuit challenging a statute is an uphill battle. However, he pointed to successes that he and other medical marijuana attorneys have had — specifically a lawsuit that successfully challenged limiting caregivers to five patients and a lawsuit against the city of Centennial for banning dispensaries — as proof that overturning the statue is possible.
“It’s still a battle worth fighting, particularly since we are literally dealing with a life-or-death issue,” said Corry. “And we’ve had success in the past on suing state or local government in civil court.”
If HB 1284 is signed into law, Corry said the group of lawyers would challenge the statute “as soon as possible.” Romer and Rep. Tom Massey, R-Poncha Springs, expect the House to easily pass the Senate amendments and for Ritter to sign the bill into law. Ritter’s office could not be reached for comment on multiple occasions yesterday.

Dramatic effects
HB 1284 is expected to put approximately half of Colorado’s medical marijuana dispensaries out of business. Romer argued that the bill would be getting rid of the industry’s “bad apples” and that sick patients would still have easy access to their medicine.
However, Corry had a different take, stating: “I think it’s going be devastating, it will increase costs astronomically, reduce choices, and make safe access to medicine more difficult.”
Since being introduced at the beginning of February, 179 amendments have been proposed for HB 1284. The amendments have been split between the law enforcement and medical marijuana patient communities. HB 1284 has sparked the ire of both groups, which Romer believes is a good thing.
“It’s a good law,” said Romer. “You want to end up in the middle.”

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Going on four years, Erin Toll arguably has been the most feared regulator in Colorado. But the take-no-prisoners character trait that made Toll the state’s most visible regulator could prove to be her undoing, The Denver Post reports.

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By Gene Davis, DENVER DAILY NEWS
On the eve of Mother’s Day weekend, a group of women held a press conference at the State Capitol in hopes of changing the face of the pro-marijuana movement.
Meanwhile, lawmakers in the Senate gave final approval to a bill that would regulate Colorado’s booming medical marijuana industry.
The diverse group of women gathered at the capitol yesterday to formally launch the Women’s Marijuana Movement (WMM). With the tagline, “Safer for us. Safer for all,” the national group is working towards the legalization of marijuana for adults. As part of the group’s launch, WMM is offering e-cards that people can send to their mother to “let them know that they believe marijuana is a relatively safe and entirely acceptable alternative to alcohol.”
“(We need to) do away with the hippies and the Cheech and Chong stoner image and start putting these new faces to it,” said recreational marijuana user Crystal Guess. “The only way we can do it is to just come out of the closet and stop being so afraid to talk about it.”
Jessica Corry, a conservative lawyer who helped found the group, brought her two young daughters to yesterday’s press conference. She said WMM members are dedicated to “acknowledging that (marijuana) prohibition has failed.”
“We’re here to say enough is enough, the time is now to end prohibition and to take back our responsibilities as parents, as women, from gun-toting bureaucrats,” she said.
Corry and many of the other speakers yesterday pointed out the ways in which they believe marijuana is safer than alcohol. According to the National Institute on Alcohol Abuse and Alcoholism, more than 97,000 students have been victims of alcohol-related sex assault and date rape each year. University of Denver student Sarah Groten said that her personal experiences in college have led her to believe that marijuana doesn’t cause people to become aggressive like alcohol does.
“I’m much more comfortable and safer around guys who are stoned instead of drunk,” she said.
However, Adams County District Attorney Don Quick said that research conducted by the American Academy of Pediatrics (AAP) proves that marijuana legalization could harm children. Research shows that a child’s marijuana use depends on the availability of the drug, the perceived risks or consequences of using the drug, and social norms regarding the drug, he said. The AAP argues that legalizing marijuana would negatively impact all three of those factors and lead to an increase in marijuana use by kids.
But Corry argued that “the failed prohibition on marijuana” has allowed plenty of kids to get their hands on marijuana and that it should be a parent’s job to keep the drug from their children.
“Too many parents have given away responsibility away to our government,” she said. “We need to take responsibility as parents to fight back for our children’s future.”
The WMM press conference was largely organized by Mason Tvert of Safer Alternative for Enjoyable Recreation (SAFER), a group dedicated to pointing out the ways they believe marijuana is safer than alcohol. Tvert is unsure whether he will have the funding to get an initiative legalizing marijuana in Colorado onto the 2010 ballot.
Still, Tvert believes more Coloradans are in favor of legalizing marijuana than in 2006, when a similar ballot initiative failed on a 61-38 percent vote. He said polling has shown support for legalization growing every year.
But Sen. Scott Renfroe, R-Greeley, thinks that not only would Colorado voters reject such an initiative, they would also likely approve a ban on medical marijuana dispensaries.
“The expansive, dramatic increase of dispensaries on every street corner and the availability for people, that’s not in the intent of Amendment 20,” he said. “People I’m hearing from don’t like it.”

HB 1284
With only minutes to go until the Senate was to vote on a comprehensive medical marijuana regulatory bill, Renfroe wasn’t sure if he would support the measure.
He supported giving local municipalities the option of banning dispensaries from operating within city limits, but believed the bill would legitimize the retail dispensary model, which he opposes. He ended up voting against the bill.
Bill sponsor Sen. Chris Romer, D-Denver, said while the bill wasn’t perfect, it wouldn’t produce the dire consequences that Renfroe worried about.
“What we have really truly done in a bipartisan way is to go into uncharted territory, do what the voters asked us to doÉand basically bring this out of the shadows and let the truly chronically ill get relief,” he said.
The bill passed on a 26-9 vote.

Westword: Chris Romer’s “long, strange trip” is almost over. The state senator who last fall decided to take on the task of shepherding legislation through the Statehouse that defines and regulates this state’s booming medical marijuana industry saw House Bill 1284 pass the Senate yesterday, 26-9, with a major bipartisan push.

Associated Press: A push to regulate the state’s medical marijuana dispensaries appears to be nearing the finish line. The Colorado Senate passed the proposed regulations in a 26-9 vote on Thursday, sending them back to the House to review changes made to the bill. The lack of controversial changes makes it likely that lawmakers will be able to pass regulations before they must adjourn next week.

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The state Senate on Wednesday gave the first of two necessary approvals to a bill regulating medical-marijuana dispensaries, putting the measure on the closing stretch to passage, The Denver Post reports.

The second approval could come as early as today. With only minimal differences between the Senate and House versions of the bill, Colorado’s new rules for its booming medical-marijuana industry are coming into sharp focus.

In other coverage

The Durango Herald: A medical marijuana bill survived its last major test in the state Senate on Wednesday, bringing marijuana dispensaries closer to legal recognition and regulation. Many medical marijuana advocates still oppose House Bill 1284, which sets up a tight system of state and local licenses for businesses that sell medical marijuana. “It’s definitely very heavy on regulation and law enforcement to start, but I think that’s what’s needed,” said the sponsor, Sen. Chris Romer, D-Denver.

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