By Gene Davis, DENVER DAILY NEWS

Despite Californians rejection of a ballot initiative last week that would have legalized marijuana for adults in the state, Colorado activists are moving forward with a legalization effort of their own.

Some of the top names in the national legalization movement met in Denver over the weekend to discuss the prospects of legalizing marijuana after the failed attempt in California. Also on Saturday, activists met with students at the University of Colorado at Boulder to energize their efforts in drumming up support for legalization.

Mason Tvert of Safer Alternative for Enjoyable Recreation, a pro-legalization group, believes Colorado will now become a main focal point for efforts to legalize marijuana. Tvert’s group is planning to run an initiative on the 2012 Colorado ballot that would legalize marijuana.

Tvert said he was upset that the legalization ballot initiative failed in California. However, he believes the initiative was a “massive net gain” because it sparked a major national debate.

Tvert added that Colorado is a much different state than California and credited his group’s efforts with helping convince many people that marijuana is a safer drug than alcohol. Additionally, Los Angeles banned almost all medical marijuana dispensaries, while Denver grandfathered in approximately 200 medical marijuana centers.

“The most important thing is that Colorado isn’t California,” Tvert said. “It’s a different political climate, also has a different climate in regards to marijuana.”

Tvert believes that having Democrat John Hickenlooper as governor will be better for the legalization effort than Gov. Bill Owens, the Republican who was in charge when SAFER previously tried, and failed, with a legalization ballot initiative in 2006. However, Hickenlooper has generally dodged questions about marijuana and has stopped far short of advocating for the drug’s legalization.

“Ultimately all we can ask is that he doesn’t obstruct the progress for the state,” Tvert said. “He should leave it to the voters and work on behalf of whatever they decide.”

Some voters in parts of Colorado decided last week that they don’t want medical marijuana around them. Approximately 20 cities and municipalities voted to ban dispensaries, while nine municipalities voted to allow them.

Brian Vicente of Sensible Colorado, a pro-marijuana activist group, didn’t see the dispensary bans as being a serious blow to the pro-legalization effort.

“The more people vote on marijuana, the more the support rises because they’re forced to think about it,” he said.

Tvert and Vicente are working together to craft a legalization ballot initiative for 2012. Meanwhile, another pro-legalization group — Cannabis Therapy Institute (CTI) — is going forward with its own legalization initiative for 2012. Although the groups share similar goals, they disagree on one main issue — how much marijuana should be able to be taxed.

Laura Kriho of CTI believes any legalization initiative should only allow the sales tax to be charged on marijuana.

Meanwhile, Tvert’s initiative would likely cap any possible excise tax on an ounce of marijuana at $50. Tvert believes banning an excise tax on marijuana would be “a nail in the coffin” for the measure.

Vicente hopes that the two groups will be able to reach some agreement and work together. He believes the public sentiment is swinging in favor of legalization.

A Rasmussen poll released in May found that 49 percent of Colorado voters support legalizing marijuana. The pro-legalization poll numbers are significantly higher than when Colorado voters rejected a ballot initiative to legalize marijuana on a 61-38 percent vote in 2006.

Californians rejected the legalization of marijuana on a 56-to-44-percent vote.

Stay ahead by signing up for State Bill E-News! >

By Gene Davis, DENVER DAILY NEWS

More than 20 candidates running for office in Colorado are in favor of legalizing marijuana for adults, according to a report released yesterday.

Meanwhile, nearly 10 candidates oppose legalization, and the majority didn’t respond to a survey issued by the social welfare lobbying arm of Safer Alternative For Enjoyable Recreation (SAFER), a pro-marijuana legalization group.

Mason Tvert’s SAFER asked every Colorado candidate up for election next month whether they agree with the following policy statement: “Marijuana should be regulated in a manner similar to alcohol, and adults twenty-one (21) years of age and older should NOT be subject to criminal penalties for private use and possession of up to one (1) ounce of marijuana.” SAFER is planning on putting a pro-legalization measure on the 2012 ballot.

The majority of candidates — including most incumbents — failed or refused to respond to the one-question survey despite having more than a month to do so, according to Tvert.

“They think that they don’t need to explain where they stand on the issue, and that’s unfortunate because voters deserve to know,” said Tvert.

Tvert was equally upset yesterday with Democrat Denver Mayor and Colorado gubernatorial candidate John Hickenlooper for helping open a brewpub but not supporting the legalization of marijuana, which Tvert believes is safer than alcohol. Tvert is angry that Hickenlooper hasn’t discussed why he opposes the legalization of marijuana. Hickenlooper’s campaign declined comment to the Denver Daily News.

“I think that he’s a coward,” Tvert said of Hickenlooper. “Quite frankly, I think he is scared to elaborate on his position because he has become a career politician.”

Republican gubernatorial candidate Dan Maes is also against legalizing marijuana. When asked about the possibility of generating tax revenue through the regulated sale of marijuana, Maes compared it to prostituting one’s daughter to generate revenue, according to SAFER.

However, Hickenlooper’s main opponent in the gubernatorial race, third-party candidate Tom Tancredo, is in favor of legalization. Tvert thinks Tancredo’s pro-legalization stance could help him on Election Day.

“He’s set himself aside by being a major candidate who is vocal about his support for this, and I think that could result in a lot of younger voters and non-traditional voters heading to the polls to vote in support of a candidate who shares their view on the issue,” said Tvert.

The candidates who responded to SAFER’s survey and said they are in favor, and against, legalizing marijuana came from all of the major political parties. The survey found:

State Senate candidates in favor of legalization:

» Gloria Stultz, Democrat running in District 2;

» Claudette Konola, Democrat running in District 7;

» Gary Storck, Democrat running in District 13;

» Jeanne Nicholson, Democrat running in District 16;

» Doug Smith, Republican running in District 31;

» Pat Steadman, Democrat running District 31;

» Derec Shuler, Republican running in District 34.

State Senate candidates not in favor of legalization;

» Katherine Facchiniello, Democrat running in District 30;

» Chris Romer, Democrat running in District 32;

State House candidates in favor of legalization:

» Jeanne Labuda, Democrat running in District 1;

» Mark Ferrandino, Democrat running in District 2;

» Marc Goddard, Libertarian running in District 4;

» Rick Nevin, Republican running in District 4;

» Therese-Marie O’Sullivan, Republican running in District 8;

» Joe Miklosi, Democrat running in District 9;

» Bo Shaffer, Libertarian running in District 12;

» Larry Liston, Republican running in District 17;

» Pete Lee, Democrat running in District 18;

» Jonathan Dooley, Democrat running in District 21;

» G.T. “Bud” Martin, Libertarian running in District 27;

» Debbie Benefield, Democrat running in District 29;

» Tom Janich, Republican running in District 31;

» Carol Levine, Democrat running in District 39;

» Carole Partin, Democrat running in District 47;

» Mike Kien, Libertarian running in District 57;

» Luke Korkowski, Republican running in District 61;

State House candidates not in favor of legalization:

» Robert Houdeshell, Republican running in District 13;

» Robert Ramirez, Republican running in District 29;

» Rhonda Fields, Democrat running in District 42;

» Sally Mounier, Republican running in District 42;

» Gary Semro, Democrat running in District 43;

» Steve Ivanice, Democrat running in District 57;

» J. Paul Brown, Republican running in District 59.

Stay ahead by signing up for State Bill E-News! >

By Gene Davis, DENVER DAILY NEWS

The eyes of Colorado’s growing medical marijuana community are set on California’s upcoming ballot initiative that would legalize marijuana for adults.

At least two different Colorado pro-marijuana groups — Safer Alternative for Enjoyable Recreation (SAFER) and the Cannabis Therapy Institute (CTI) — have announced plans to place a marijuana-legalization initiative similar to California’s Proposition 19 on the 2012 ballot. The two groups yesterday staged events to bring attention to Proposition 19 and their own initiatives.

“With the election coming up in California, everybody is going to be asking what’s going on in Colorado,” said Laura Kriho of CTI, which yesterday announced a fundraising drive on Nov. 2 for their initiative. “I think if California legalizes it, I think there’s going to be a lot of places in the country that are going to want to legalize.”

Meanwhile, SAFER offshoot Women’s Marijuana Movement (WMM) yesterday held a rally to show their support for Proposition 19 and to bring a different face to the marijuana legalization movement.

“We thought it would be a great idea to show support and that all different kinds of people believe in legalizing marijuana,” said Toni Fox of WMM.

SAFER and CTI are currently going forward with separate marijuana-legalization initiatives, though both groups said they look forward to working together. Although the groups share similar goals, they disagree on one main issue Ń how much marijuana should be able to be taxed.

Kriho believes any legalization initiative should only allow the sales tax to be charged on marijuana. Meanwhile, Tvert’s initiative would likely cap any possible excise tax on an ounce of marijuana at $50. Tvert believes banning an excise tax on marijuana would be “a nail in the coffin” for the measure.

California support

A majority of California voters has swung in favor of Proposition 19, according to a recent Field Poll. While a July survey found Proposition 19 trailing by 4 points, 49 percent of Californians now say they are inclined to vote “Yes” on the proposed marijuana legalization law, with 42 percent leaning toward voting “No,” according to Reuters. The margin of error on that poll is plus or minus 4.1 percentage points.

And while Kriho and Tvert expressed interest in the outcome of Proposition 19, the activists said they are moving forward with their initiatives regardless of what happens in California.

“Even though California has been around for so long with medical marijuana, Colorado is the first state in the country that has established a state regulated system,” said Tvert. “Whereas California started the race earlier, Colorado appears to be on the way towards finishing the race quicker.”

Poll

A Rasmussen poll released in May found that 49 percent of Colorado voters support legalizing marijuana. The pro-legalization poll numbers are significantly higher than when Colorado voters rejected a ballot initiative to legalize marijuana on a 61-38 percent vote in 2006.

“Without a doubt we believe Coloradans are ready to take the next step towards making marijuana legal for all adults,” said Tvert. “Enough people around the state recognize that this is a far safer substance than alcohol and it’s time we start treating it that way.”

Tvert doubts there will be enough funding to get more than one marijuana-legalization initiative on the 2012 ballot.

Stay ahead by signing up for State Bill E-News! >

By Greg Campbell, FACE THE STATE

The days of scoring medical marijuana before the ink is dry on the doctor’s recommendation may be over in Colorado. Matt Cook, head of the Colorado Department of Revenue’s new Medical Marijuana Enforcement Division, released a memo Monday warning MMJ retailers not to sell pot to anyone whose doctor’s recommendation is less than 35 days old.

That’s the amount of time granted under Amendment 20 for the Colorado Department of Health and Environment to reject or approve a patient’s application. Theoretically, that’s also the amount of time the agency has to issue patient licenses, but as anyone who’s been through the process knows, it can take months for a license to arrive in the mail. In lieu of an official license, the doctor’s recommendation—along with proof that it was submitted to the CDPHE—can be used to legally buy, own and grow medical marijuana.

Before the passage of HB 1284, which imposed a myriad of new regulations on the state’s medical marijuana industry, new patients routinely shopped for pot as soon as the recommendation was signed and the application mailed to the state.

No more. Cook wrote that applicants could still be denied within the 35-day window, exposing any Medical Marijuana Center, or MMC, to criminal sanctions for selling to them.

From the memo:

A patient with application paperwork that is less than thirty-five days old may be denied a card by the CDPHE in the remaining portion of the thirty-five days. Therefore, it is the position of the (Medical Marijuana Enforcement Division) that if a MMC sells medical marijuana to persons having evidence of the proper filing of applications with the Patient Registry which are not dated at least thirty-five days prior to the sale, that MMC is doing so at its peril.

If MMCs sell medical marijuana to patients having evidence of the required applications being filed with the medical marijuana registry, but not dated at least thirty-five days prior to the date of the sale which are later denied by the CDPHE, or the patient has presented fraudulent documents, the MMC may face administrative and criminal sanctions as provided in law.

Read the entire memo here.

Stay ahead by signing up for State Bill E-News! >

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.

Stay ahead by signing up for State Bill E-News! >

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.”

Stay ahead by signing up for State Bill E-News! >

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.

Stay ahead by signing up for State Bill E-News! >

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.

Stay ahead by signing up for State Bill E-News! >

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.

Stay ahead by signing up for State Bill E-News! >

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.

Stay ahead by signing up for State Bill E-News! >