The State of Medical Marijuana Today
Friday, February 17, 2012 at 5:34 PM Betsy Proffitt[1]
Brian Vicente, founder of Vicente Sederberg, LLC, a law firm working intensively with the medical marijuana community, began the panel discussing the legal issues and solutions for medical marijuana patients and providers. Mr. Vicente explained that Colorado is one of sixteen states that allow medical marijuana, and eighteen additional states are considering passing laws this year. Although not all states will succeed in passing the laws, it demonstrates the trend occurring across the nation. Mr. Vicente compared the progress of medical marijuana to gay rights. “Our parents generation thirty years ago didn’t think gay marriage was possible and now several states allow it. Anyone under 35 thinks it isn’t a big deal.”
Recently, the U.S. attorney mailed letters to dispensaries within 1,000 feet of schools. Mr. Vicente said the letters informed dispensary owners, or in some cases their landlords, that they have forty-five days to shut down or they will be prosecuted criminally or potentially civilly. These letters are the first federal pushback Colorado has experienced since allowing medical marijuana, and more letters are expected. The request is harming dispensaries in Boulder especially where school zones comprise most of the city.
Mr. Vicente also discussed the politics surrounding this issue. “70% of Colorado people support the right for people to have access. We are losing elections because it’s in the wrong ballot.” He explained that these initiatives have been on ballots during the May voting season when the wrong demographic is showing up to vote, but that the upcoming November election will be very important.
Next, Jill Lamoureax-Leigh, founder of the first medical marijuana center in Boulder provided her perspective on the regulatory issues as a dispensary owner. She shared how medical marijuana has kept her family together by providing an effective medication for her husband who suffers from a degenerate disease. After five surgeries, her husband refused to take oxycontin and was hesitant to try marijuana. The doctor suggested the medication, explained the proper way to use the drug, and his condition improved tremendously as a result.
Ms. Lamoureaux-Leigh described the difficulties she encountered as a caregiver. Specialized doctors refer patients to her, and even though the practice is legal, “I felt like a drug dealer,” she said because she would be meeting customers in parking lots. Once the business became too large to operate from her home and Ms. Lamoureax-Leigh decided to lease an office; it took eight months to find a landlord willing to rent. She then described the complexities with the HB1284 regulations and working with investors.
Troy Eid, former U.S. Attorney for the District of Colorado and chair of Indian Law Enforcement Commission, spoke next about the federal perspective on medical marijuana. Mr. Eid quickly attacked the argument that medical marijuana should be treated like casinos, noting that marijuana is still illegal. He shared statistics of the increased use in marijuana among high school students since the Colorado law was enacted. Mr. Eid agreed with the other panelists that Congress must do something about this issue. He described the Ogden Memo, Coal Memo and letters that Mr. Vicente described, but noted that President Obama has remained quiet on the subject lately.
The second part of Mr. Eid’s comments stressed that lawyer should not be advising clients on medical marijuana because it is extra-constitutional behavior. “It’s not a good thing to buy into this crap. That somehow it’s not illegal.”
The final panelist, Matt Cook, a national regulator consultant, worked with legislators to develop Colorado’s medical marijuana laws and discussed the behind-the-scenes drafting of the legislation. Cook believes the federal government will intervene on the issue sooner rather than later. He thinks the Controlled Substances Act will undergo rescheduling as well. Mr. Cook described the licensing process and forms required to meet he rigid guidelines. While he admitted the 30-page application process is extensive, he noted that similar applications are used in the gaming and alcohol industries. Mr. Cook explained the intensive security measures required in dispensaries. The dispensaries must display their license and provide 24-hour web-based surveillance via video cameras. In addition, licensees give up their Fourth Amendment protection and are required to follow strict procedures when handling a dead plant. Mr. Cook informed the audience that, “the seed-to-sale accountability of the plants are the most complex comprehensive regulatory system in this area in the United States.”
[1] J.D. Candidate, 2013, University of Denver Sturm College of Law.
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