by: Will Duff
In November 2000, Coloradans passed amendment 20, which legalized the use of medical marijuana for those with specified illnesses and conditions. Although marijuana for medicinal purposes has been available since 2000, only recently has it began to gain popularity among residents as an alternative to other medicine. The state department has been receiving upwards of 400 medical marijuana applications a day and it is estimated that there are over 100 dispensaries state wide, with more slated to open in the coming months. Taking a look at any local paper would affirm that the medical marijuana industry is booming, with countless ads taken out for new medical marijuana dispensaries opening or doctor offering to help people obtain their medical marijuana licenses.
The Obama administration has recently made public a hands off a approach to medical marijuana in the United States. A far departure from the Bush administration policy which raided medical marijuana growers in several states, Obama has said he does not plan to interfere with medical marijuana users as long as they are operating within the confines of state law. Although Colorado medical marijuana users no longer have to fear repercussions on a federal level, there is still much uncertainty within the state regarding medical marijuana policy as the laws are unclear. The aspect of the law perhaps most unclear is whether dispensaries are legal under state laws. Currently, there is nothing in the Colorado Constitution or statutes regarding dispensaries or grow operations.
While Boulder County DA Stan Garnett has stated that he does not intend to prosecute medical marijuana cases until laws are made more clear. Other counties, such as Weld, Jefferson and El Paso, are prosecuting operators of medical marijuana dispensaries and shutting down grow operations. Many cities, such as Greeley and Broomfield have banned dispensaries outright and others, like Breckenridge, have issued a 120-day moratorium prohibiting new dispensaries from opening until laws can be established.
It is imperative that law-makers and citizens alike take the proper measures to establish laws regarding medical marijuana. Guidelines should be established, such as where dispensaries are allowed to open, limits on number of dispensaries per city and what, if any, permits are needed to operate a dispensary, etc. It is imperative that laws are established so regulations about medical marijuana are more clear cut and people are not getting prosecuted unjustly.
24 comments:
The reality of this situation is that medical marijuana laws in our country go through so many districts that it is unclear where it is legal or illegal. The fact that Brekenridge municipality approved marijuana use in small doses is an example of this idea. It's hard to think that anyone selling marijuana in a dispensary can be safe from persecution. Although the Obama administration says they will not persecute any medical growers or dispensaries there is no legal document that states this. The DEA could in theory bust nay of the dispensaries at any time, due to the fact that marijuana is illegal federally.
andrew sieving
I think Andrew makes a good point, that being jurisdiction on this matter is fuzzy at best.
Obama's policy of leaving the issue alone sounds excellent to me, assuming that's followed through with. This should be a state issue whereby the federal government needs to keep its hands away.
Although I believe medical marijuana can have many positive uses in the medical field, I do agree with Andrew that the laws and jurisdictions behind it are not sufficient. In order to get marijuana to be seen as a real drug with legitimate medical uses it must be treated like a real drug. First of all medical marijuana needs to be subjected to the same tests and regulations all other drugs are submitted to by the FDA. Also there needs to be more effective ways of prescribing it and regulating it in the medical world in order to prevent people from abusing it and taking it away from the patients that actually need it. Finally jurisdictions and more clearly defined laws need to be put in place in order to prevent medical marijuana grow operations from popping up everywhere and abusing the new regulations. In conclusion, if we treat medical marijuana more like every other prescription drug, it will allow the public to see that the medical marijuana movement is more than just a bunch of hippy pot-heads trying to get high legally, but instead a movement to get chronically ill (no pun intended) patients a safer more effective drug to ease their ailments.
My biggest problem with the medical marijuana industry in Colorado is how it has become a profitable business that is deeply rooted in capitalist incentives. Many dispensary owners do not care about their patients in the way that they should as a "caregiver". I think that a good way to regulate dispensaries and evaluate their integrity is to see what other types of medical services they offer. Many offer massage and medical advice to their patients among other services, as opposed to just offering a legal place for people to buy weed. If we make dispensaries more like a medical resource for patients then we can escape the threat of dispensary owners using this new unclear industry as a means to make money and fulfill their capitalist goals. Another issue that should be addressed is the affect on interstate commerce. Medical marijuana in Colorado is contingent on not affecting interstate commerce in any way. Many dispensaries do not abide by this rule, importing medicine from other states, primarily Colorado. It is these dispensaries that are putting the entire industry in jeopardy. This is obviously done for capitalist gain because these sources of medicine can be more plentiful and cheap than those produced in Colorado.
The opening of dispensaries seems to have happened quite rapidly. The laws on marijuana are as everyone else said "fuzzy" because they are subject to different levels of government. I think there should be regulations and restrictions for dispensaries so that patients can get their pot safely. I heard that dispensaries can be from houses or apartments. This seems pretty sketchy and not to different from illegal drug dealing.
I like the idea of offering other alternatives like massage and accupuncture in additon to supplying marijuanna. I think it does seem sketchy to have a dispensary in a house or apartment, would you get a massage from a person advertising from their house? probably not, I wouldnt. If the laws are going to allow it to operate like a medical business it should be as professional as possible.
The most important thing in this issue is clarity in jurisdiction and legality. It must be put entirely in the hands of the states or in the federal governments. Then enforcement can take place with little confusion. Overdoses and deaths from marijuana use is almost non-existent so the use of it should, in my opinion, be taken advantage of by either states or the federal government and taxed. We do it with cigarettes and beer, and they kill millions of people. Why not a all natural product that dosent kill the tax base?
This article sums up some of the information on the taxation of marijuana in Colorado.
http://www.washingtontimes.com/news/2009/nov/18/colorado-to-tax-sales-of-medical-marijuana/
I don't know why people have that much of an issue against it being legal altogether. Too many resources are used on trying to eliminate it yet it can be found everywhere. Alcohol is much more dangerous and deadly and is legal and profitable. I'm not a "hippie pot-head" but I feel the marijuana industry would be a profitable one in the U.S.
So what happens in some years when a new administration is in office? I personally don't understand why you would ever go into this business if the feds could just crack down your door at any time. I agree with Andrew this is a really tricky thing to handle, especially when federal and state laws are almost contradicting.
As a government employee (military), I must point out that I'm sure there are many people who are applying for MMJ cards without truly thinking about the consequences. Essentially, they are ending, UTTERLY ENDING, any chance they have to pass any security clearance (needed for even low level Gov. jobs), let alone the high level top secret clearance required for military service.
Since it has become so much easier (at least from what I have seen) to obtain a Medical Marijuana card, there has been a big increase in demand for cards. This explains why some people don't know the full consequences because it seems so easy to get one that there doesn't seem to be a lot of risk. Although legal now, who knows what will happen in the near future.
This seems simple to me - TAX TAX TAX. this could be a very profitable thing for states and the country as a whole. I do like the idea of dispensaries being more of a medical resource for those with Medical Cards yet I dont know how often this would be taken advantage of...
The whole idea of calling the marijuana sold in despensaries here in Boulder "medical" is a JOKE. As a recreational pot smoker I was intrigued when a friend told me I could go with him to the dispensary he (a card holder) uses. When we went in he signed his name and checked a box saying he was a card holder without being checked by anyone and I then signed a fake name and checked that I was a non-card holding guest, we were then let into the back room where all the product was. It looked like a regular head shop besides the fact that there were open jars of weed alongside the pipes and bongs, I pointed to one that looked nice and told him out loud "you should get a gram of that stuff" the girl behind the counter then bagged it up and handed it to him. It was easier than buying booze when I was under 21. My friend and I don't smoke for medical purposes we smoke to get high.
It seems as though almost all of us agree that the laws are still unclear regarding the legalization of marijuana. Everyone knows people can see a "dirty" doctor to sign them a prescription for MJ regardless of whether they are using it for medical purposes. What I really want to add is that I love the direction Colorado is moving regarding marijuana laws. It can bring more tax revenue and free up space in prisons for criminals who really deserve it (would you rather have a child molester or a weed dealer in jail?). Laws are changing quickly and making more progress than ever right now, and I think it is great. Only a few years down the road, we will see marijuana legalized (with obvious certain restrictions) across the country! And I believe it will help boost our struggling economy
I believe in a legalization of marijuana, but the medical marijuana system is pretty messed up. It's wrong to diagnose a patient with a major illness and not prescribe a quantity of drugs to be administered. If medical marijuana wants to legitimize itself patients need to be allowed a certain quantity not be cured by a witch doctor trying to sling as much as possible.
Recently breckenridge decriminalized marijuana which i found interesting. I read an article distinguishing the difference between the legalization of marijuana vs the decriminalization. Decriminalizing marijuana is an effective measure for allowing people to use small amounts while not going though as much legal recourse as putting a new law in effect that would make marijuana legal. I think that things are moving in a reasonable direction, and hopefully the state as a whole, and eventually the country will follow suit and retract the absurd laws that are in place now. People should be able to use marijuana if they want and it should not be the business of any person or government institution.
Another example of how the war on drugs is a total joke. Millions of Americans can finally quit hiding a very benign substance if all of this passes.
I saw on fox news last night that people are outraged at all the medical marijuana shops going up all over the place. From the looks of them, they are not very official. Although I am for this law passing, it seems to me that these places need to be regulated a bit more. Who is to say that only patients would be able to get the drug? Maybe other people can find a way around this. I think they should either control the places, or just make it legal all around because there is just too many ifs in this situation.
Washington DC is in the process of creating medical marihuana laws for the city, but are very different. They are much more restrictive than CO. For example my friend in Boulder has broken his arm several times and now has a medical marijuana card. He really does not need it at all. In DC, the cards will only be given out to patients with cripling diseases, and not a broken arm.
I think that a town can have as many dispensaries as it needs. We need to tax this business just like any other. I don't think that marijuana should be sold as "medical marijuana" though. If it is truly no worse than cigarettes or alcohol- sell it everywhere but put a high tax on it.
I think an interesting thing is that the amount of medication that is prescribed is not at all a since or heavily regulated: it seems as though you get a license and you can buy as much as you like. In other contries, the amount given to paties is much more exact. I the US wants to have medical MJ, we should do the same, or just allow everyone to self medicate as much as they want.
It amazes me that dispensaries are not state operated. I live in Virginia and all liquor stores are run by the state (every liquor store is called VABC, Virginia Alcohol Beverage Control). I feel like Colorado could make so much money if they controlled the dispensaries.
I feel that while marijuana absolutely has medical benefit, in order for it to be accepted, the laws surrounding it need to become clearer and more legitimate. I have friends who have cards here or from CA, and they all tell me how much of a joke it is to get a card. I personally feel like it needs to be much more strict.
ROBERT SEADER
I sure hope they don't allow persecution now-a-days... anyway, I think that policy to regulate the distribution of marijuana is a step towards totally legalizing and, under the currency regulatory policy, is good. Eventually I am sure marijuana will be legalized and all of the presentations on legalizing marijuana I have seen over my last seven semesters at CU will be justified. That is fine too...
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