Lauren C. Davis
Attorney At Law
600 17th St., Suite 2800
Denver, CO 80202
303-634-2253
HB1284 Analysis
April 23, 2010
There are MANY substantial issues with HB1284, as passed by the
House. You MUST take action to meet with your State Senator and
his/her staff IMMEDIATELY and urge them to vote NO on this bill.
This bill contains many unconstitutional provisions that amend or
modify the Constitutional rights guaranteed to you by Amendment
20. More importantly, this law will make it close to impossible
for most of you to continue to help your patients.
The bill creates a 2 tiered licensing system that will result in
more bloated, over-regulated government bureaucracy. Under this
bill, not only will a Center need to jump through local approval
and licensing rules, but even if you get that, you will still have
to jump through substantial State hurdles, including paying a hefty
State license fee. While the fees under consideration are not included
in the Bill, we have heard that lawmakers and regulators have been
discussing a $50,000 licensing fee per location (in addition to
your local licensing fees.) These fees and provision will, without
a doubt, harm patients.
In addition, there are many other problematic sections of the bill.
SOME are outlined below:
PROBLEMS WITH PROVISIONS GOVERNING CENTERS:
The bill imposes a 1 year moratorium on new centers.
The bill allows counties to continue their moratoriums until July
2011 p.9
The bill allows local cities, counties, towns, etc to BAN all mmj
uses p.27
This local opt out provision allows county or municipality to deny
MMJ uses thus denying patients and PCG's their Const. rights p.7
If you want to open a Center, you will need a local license and
a State license, BUT - You must have your build out done, fixtures
in place, and the building must be ready for occupancy before you
get the LOCAL LICENSE; then the State could still deny you the State
license p. 18
Anyone who has EVER been convicted of a drug related felony cannot
be a licensee, owner, stockholder, etc p21
If any of your employees, directors, managers or EVEN stockholders
do not have "good moral character" you will not get a
licensee p.21
You must report all transfers of LLC interests, ownership interests,
or change of any financial interests to the State 30 days prior
to the transfer - p 30
IF YOU ARE NOT A CENTER, AND WANT TO BE A PRIMARY CAREGIVER, YOU
WILL BE SUBJECT TO THE FOLLOWING:
The bill imposes a 5 patient limit for primary caregivers - you
cannot grow or provide for more than 5 people. You will be on a
State registry list and must provide all patient registry #s to
law enforcement to confirm when you are contacted
A primary caregiver has to act alone - you cannot have anyone help
you cultivate mmj or assist you in providing mmj to your patients-
you will never take a vacation again since no one can watch your
plants for you; you and your spouse, brother, or business partner
cannot work together anymore; etc. p.54 Clearly lawmakers do not
understand the difficulties in cultivating or do not care.
THERE ARE OTHER PROVISIONS THAT HARM PATIENTS:
All deliveries of medicine to patients will be illegal - this will
hurt the most sick patients p49
The bill unconstitutionally changes and limits the affirmative
defense provisions of the A20 - p 61
You must have your registry card or application on you at all times
or you will be charged with a crime -
The bill says they will ask the DEA to reclassify mmj - This demonstrates
the lack of understanding of this issue by elected officials. This
is NOT WITHIN THE DEA's ability - Congress classifies drugs for
the schedule P.10
These are just some of the MANY problems with this bill. You MUST
take action NOW if you want to save your businesses. The Legislative
session ends approx. May 12. The Senate must pass this bill before
then. Please contact you State Senator
immediately.
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