Before we look at some of the other provisions and amendments to Colorado HB 1284, one topic from yesterday’s column may be worth revisiting briefly;
The idea that MMJ centers should be required to grow 70% of their own cannabis, and be allowed to acquire the other 30% from other centers is as random a requirement as ever a legislator has ever come up with, well maybe...
In Louisville residents may not own a chicken, but may own up to three turkeys.
In Sterling cats may not run loose without having been fit with a tail light.
In Denver it is unlawful to lend your vacuum cleaner to your next door neighbor.
Forcing a business to purchase product from one of its competitors is almost as ridiculous as these local laws, only it would affect the entire state!
This is in light of the fact that one resolution in the document states that “…the medical marijuana constitutional provisions do not create a right to operate a medical marijuana retail operation or a medical marijuana cultivation operation.”
According to this, it doesn’t sound as though dispensaries would be legal at all, let alone able to “purchase” from one another.
One of the most troubling amendments would give local municipalities the right to “opt out” if they chose not to allow dispensaries in their areas.
This would be catastrophic to business owners who shelled out tens and in some cases hundreds of thousands of dollars to enter the green rush. In rural areas, in particular, patients would be forced to travel for hours in order to find medicine. What if every or even most municipalities decided to “opt out?”
Officials claim that patients could utilize the caregiver system and have included a provisional caregiver list to help patients and caregivers to locate each other. However, it also puts demands upon caregivers, that some say are unconstitutional, in light of Ammendment 20. The wording of the provision goes like this;
A “primary care-give” shall assist the patient with handling the effects and consequences of the debilitating medical condition, including administration of prescription medication, attendance at medical appointments, assuring the patient complies with dietary requirements, and assistance with other daily aspects of the patient’s housing, safety, and comfort. “Primary care-giver” shall not include a person whose responsibilities for the patient include only the cultivation of marijuana on behalf of the patient or the provision, sale, or distribution of marijuana to the patient.”
This is a far over-reach from amendment 20 and the intention of the voters of the State of Colorado, 56% of whom voted in favor of the Amendment.
These requirements are on par with that of a fully staffed nursing home and would clearly be the undoing of medical marijuana in Colorado entirely.